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MATTER OF DEMETRIUS R.

1529, 1528.

140 A.D.3d 573 (2016)

33 N.Y.S.3d 689

2016 NY Slip Op 05023

In the Matter of DEMETRIUS R. and Another, Children Alleged to be Neglected. ELSIE R., Appellant; COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK, Respondent, et al., Respondent.

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

Decided June 23, 2016.

A preponderance of the evidence supports the court's finding of neglect based on the facts that the mother minimized the danger to the child from a vegan diet, which resulted in a diagnosis of failure to thrive, her refusal to permit the child to be vaccinated, and her failure to act promptly to obtain medical assistance and nutritional advice to ameliorate the child's condition (see Matter of Joshua Hezekiah B. [Edgar B.], 77 A.D.3d 441

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