Appellate Division of the Supreme Court of New York, 2011

In re Kennya S.

In re Kennya S.
Appellate Division of the Supreme Court of New York · Decided March 22, 2011
82 A.D.3d 577; 918 N.Y.2d 493
In re Kennya S.

Opinion of the Court

The finding of neglect as against the mother was not supported by a preponderance of the evidence (see Family Ct Act § 1012 [f|; § 1046 [b] [i]). The mother’s false statement that she, and not the father, hit the subject child with a belt, did not, under the circumstances, establish that the mother had failed to exercise a minimum degree of care, or that the child was in imminent danger of being impaired as a result of the false statement (see Nicholson v Scoppetta, 3 NY3d 357, 368-369 [2004]). Concur — Tom, J.E, Andrias, Sweeny, Moskowitz and Renwick, JJ.

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