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MATTER OF E.E.

Docket No. NN-00122/23, Appeal No. 1827, Case No. 2023-02701.

2024 NY Slip Op 01277

IN THE MATTER OF E.E., A CHILD UNDER EIGHTEEN YEARS OF AGE ETC. DANIA R., Respondent-Respondent. ADMINISTRATION FOR CHILDREN'S SERVICES, Petitioner-Appellant.

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

Decided March 12, 2024.

Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Amanda Abata of counsel), for appellant.

Neighborhood Defender Service of Harlem, New York ( Michael Weinstein of counsel), for respondent.

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

Before: Manzanet-Daniels, J.P., Moulton, Scarpulla, Pitt-Burke, O'Neill Levy, JJ.

Order, Family Court, New York County (Anna R. Lewis, J.), entered on or about May 26, 2023, which, after a hearing, granted respondent mother's application under Family Court Act § 1028, unanimously reversed, on the law and the facts, without costs, the application denied, and the matter remanded to the Family Court for further proceedings consistent with this opinion.

Family Court's finding that the child should be returned to the mother lacked a sound and substantial...

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