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MATTER OF MAXWELL P.

Docket No. NN-00537/19. Appeal No. 14168-14168A. Case No. 2020-04334.

196 A.D.3d 416 (2021)

146 N.Y.S.3d 786

2021 NY Slip Op 04202

In the Matter of Maxwell P., a Child Alleged to be Neglected. Administration for Children's Services, Respondent; Katherine S., Appellant.

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

Decided July 6, 2021.

Attorney(s) appearing for the Case

Steven P. Forbes , Huntington, for appellant.

James E. Johnson , Corporation Counsel, New York ( Scott Shorr of counsel), for respondent.

Dawne A. Mitchell , The Legal Aid Society, New York ( Patricia Colella of counsel), attorney for the child.

Concur—Acosta, P.J., Kapnick, Moulton, Scarpulla, JJ.

A preponderance of the evidence supports the Family Court's finding that respondent medically neglected the child (see Family Ct Act §§ 1012[f][i][A]; 1046[b][i]). Respondent's failure to ensure that her son consistently received his prescribed medication for his ear infection placed him at imminent risk (see Matter of Joelle T. [Laconia W.], 140 A.D.3d 513, 514 [1st Dept 2016]). Contrary to respondent's contention...

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