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IN THE MATTER OF JORDAN P.

26 A.D.3d 500 (2006)

809 N.Y.S.2d 579

In the Matter of JORDAN P., a Child Alleged to be Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; DONNA C., Appellant. (Proceeding No. 1.) In the Matter of XAVIER P., a Child Alleged to be Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; DONNA C., Appellant. (Proceeding No. 2.)

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

February 28, 2006.

Ordered that the order is reversed, on the law and the facts, without costs or disbursements, and the proceeding is dismissed.

In a child protective proceeding, the party seeking to establish neglect must show, "first, that a child's physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and second, that the actual or threatened harm to the child is a consequence of the failure of the parent

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