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MATTER OF TYLYNN M.A.

977.

139 A.D.3d 569 (2016)

30 N.Y.S.3d 115

2016 NY Slip Op 03986

In the Matter of TYLYNN M.A. and Others, Children Alleged to be Neglected. CARDINAL McCLOSKEY COMMUNITY SERVICES, Appellant; NIVIA A., Respondent.

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

Decided May 19, 2016.

The agency failed to establish a prima facie showing of permanent neglect with clear and convincing evidence (see Social Services Law § 384-b [3] [g] [i]; [7] [a]; see generally Matter of Leon RR, 48 N.Y.2d 117, 124-126 [1979]; Matter of Winstoniya D. [Tammi G.], 123 A.D.3d 705, 706-707 [2d Dept 2014]). The record demonstrates that the mother was undergoing drug treatment and...

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