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MATTER OF ZAIRE S.

11029-47980/16.

180 A.D.3d 506 (2020)

115 N.Y.S.3d 881

2020 NY Slip Op 01027

In the Matter of Zaire S., an Infant. Mary W., Appellant; Administration for Children's Services, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 13, 2020.

The finding of neglect against the grandmother is not supported by a preponderance of the evidence (see Family Ct Act § 1046[b][i]). "The statutory test for neglect is `minimum degree of care'—not maximum, not best, not ideal—and the failure [to exercise that degree of care] must be actual, not threatened" (Matter of Andy Z. [Hong Lai Z.], 105 A.D.3d 511, 512 [1st Dept 2013], quoting Nicholson v Scoppetta...

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