Matter of Dallas C. (Dusty M.C.--Richard C.)

Feb 6, 2013
2011-11905
Versions:103 AD3d 631
2013 NY Slip Op 00737

In the Matter of Dallas C. Orange County Department of Social Services, Respondent; Dusty M.C., Appellant; Richard C., Respondent. (Proceeding No. 1.) In the Matter of Emily C. Orange County Department of Social Services, Respondent; Dusty M.C., Appellant; Richard C., Respondent. (Proceeding No. 2.) In the Matter of Hunter C. Orange County Department of Social Services, Respondent; Dusty M.C., Appellant; Richard C., Respondent. (Proceeding No. 3.)

— Richard L. Herzfeld, New York, N.Y., for appellant.

David L. Darwin, County Attorney, Goshen, N.Y. (Peter R. Schwarz of counsel), for petitioner-respondent.

William E. Horwitz, Ardsley-on-Hudson, N.Y., attorney for the children.

In related child neglect proceedings pursuant to Family Court Act article 10, the mother appeals from an order of fact-finding and disposition of the Family Court, Orange County (Woods, J.), dated November 21, 2011, which, after a fact-finding hearing, inter alia, found that she neglected the subject children.

Ordered that the order of fact-finding and disposition is reversed, on the facts, without costs or disbursements, the petitions are denied, and the proceedings are dismissed.

A finding that a child is neglected must be based on a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]; Matter of Kassandra V. [Sylvia L.], 90 AD3d 940, 941 [2011]). Here, the petitioner failed to establish by a preponderance of the evidence that the mother neglected her children.

As a result of our determination, the mother‘s remaining contentions have been rendered academic. Dillon, J.P., Angiolillo, Leventhal and Miller, JJ., concur.