MATTER OF DANIEL D.

2019-04243. Docket No. N-1848-17.

183 A.D.3d 727 (2020)

121 N.Y.S.3d 913

2020 NY Slip Op 02781

In the Matter of Daniel D. Administration for Children's Services, Respondent; Diana T., Appellant.

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

Decided May 13, 2020.


Ordered that the order of fact-finding is affirmed, without costs or disbursements.

To establish neglect, a petitioner must demonstrate by a preponderance of the evidence, "first, that [the] child's physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and second, that the actual or threatened harm to the child is a consequence of the failure of the parent ... to exercise...

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