MATTER OF ANGELICA M.

Docket No. NN-24043/2018. Appeal No. 12040. Case No. 2019-04332.

187 A.D.3d 508 (2020)

130 N.Y.S.3d 318

2020 NY Slip Op 05685

In the Matter of Angelica M., a Child Alleged to be Neglected. Administration for Children's Services, Respondent; Joe M., Appellant, et al., Respondent.

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

Decided October 13, 2020.


The hearing evidence does not support the court's finding that the father neglected the child by failing to provide adequate shelter. The evidence of the condition of the family's apartment consisted only of the child's statement that the apartment was messy and untidy and that its condition had deteriorated over the prior three months. The child's statement was corroborated by the building superintendent's testimony that, based...

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