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MATTER OF S.H.

10102A, 10102.

176 A.D.3d 515 (2019)

110 N.Y.S.3d 665

2019 NY Slip Op 07487

In the Matter of S.H. and Another, Infants. Patricia W., Appellant; Administration for Children's Services, Respondent.

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

Decided October 17, 2019.

Attorney(s) appearing for the Case

Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), for appellant.

Zachary W. Carter, Corporation Counsel, New York (Janet L. Zaleon of counsel), for respondent.

Dawne A. Mitchell, The Legal Aid Society, New York (Marcia Egger of counsel), attorney for the child S.H.

Carol L. Kahn, New York, attorney for the child Jasmine H.'S.

Concur— Friedman, J.P., Renwick, Kapnick, Gesmer, Kern, JJ.

The findings of neglect were supported by a preponderance of the evidence (see Family Ct Act §§ 1012[f][i][B]; 1046[b] [i]). Such evidence shows that the mother neglected the children by repeatedly placing her then 18-month-old daughter (J.) in the control of her nine-year-old son (S.) for brief periods of time while the children were sent to retrieve mail from the lobby of their building. S. had a history of emotional and behavioral issues that made this...

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