Petitioner Administration for Children's Services (ACS) did not satisfy its burden of proving, by a preponderance of the evidence, that the father neglected the children based upon his repeated abuse of alcohol, because there is no evidence that he lost self-control during repeated bouts of excessive drinking, and such evidence is necessary to trigger the presumption of neglect under Family Court Act § 1046(a)(iii) (see Matter of Anastasia G.,
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MATTER OF CALEAH C.M.S.
9857.
174 A.D.3d 457 (2019)
107 N.Y.S.3d 5
2019 NY Slip Op 05629
In the Matter of Caleah C.M.S. and Another, Infants. Calvin S., Appellant; Administration for Children's Services, Respondent, et al., Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided July 11, 2019.
Decided July 11, 2019.
Appellate Division of the Supreme Court of New York, First Department.
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