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MATTER OF THAMEL J.

6883.

162 A.D.3d 507 (2018)

76 N.Y.S.3d 56

2018 NY Slip Op 04436

In the Matter of Thamel J., a Child Alleged to be Neglected. Deryck T.J., Appellant; Administration for Children's Services, Respondent.

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

Decided June 14, 2018.

A preponderance of the evidence established that the father neglected the child in that he knew or should have known that the mother was smoking marijuana while she was pregnant with the child, but failed to take any steps to stop her drug use (see Matter of Ja'Vaughn Kiaymonie S. [Nathaniel S.], 146 A.D.3d 422, 423 [1st Dept 2017]). Evidence of the child's positive toxicology, as well as his low birth weight and one-week stay in...

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