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MATTER OF DESTINY B.

Docket No. N27944/18. Appeal No. 15631. Case No. 2021-01388.

203 A.D.3d 642 (2022)

163 N.Y.S.3d 406

2022 NY Slip Op 02188

In the Matter of Destiny B., an Infant. Juan B., Respondent; Administration for Children's Services, Appellant.

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

Decided March 31, 2022.

Attorney(s) appearing for the Case

Georgia M. Pestana, Corporation Counsel, New York (Rebecca L. Visgaitis of counsel), for appellant.

The Bronx Defenders, Bronx (Nicole Velazquez of counsel), for respondent.

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

Concur—Renwick, J.P., Gesmer, Singh, Rodriguez, JJ.

Petitioner failed to establish by a preponderance of the evidence that the child's physical, mental or emotional condition was impaired or in danger of becoming impaired as a consequence of the father failing to exercise a minimal degree of care in providing the child with proper supervision or guardianship (see Nicholson v Scoppetta, 3 N.Y.3d 357, 368 [2004]; Family Ct Act §§ 1012[f]; 1046[b][i]). There is no reason to...

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