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MATTER OF BOY W.

283 A.D.2d 584 (2001)

724 N.Y.S.2d 494

In the Matter of BABY BOY W., a Child Alleged to be Neglected. ATWANNA W. et al., Respondents; COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES OF THE CITY OF NEW YORK, Appellant.

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

Decided May 21, 2001.

Ordered that the fact-finding order is reversed, without costs or disbursements, the petition to adjudicate Baby Boy W. a neglected child is granted, and the matter is remitted to the Family Court, Kings County, for a dispositional hearing.

In a derivative neglect proceeding, "[t]he determinative factor is whether, taking into account the nature of the conduct and any other pertinent considerations, the conduct which formed...

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