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.
In the Matter of Kennya S., a Child Alleged to be Neglected. Evelyn F., Appellant; Administration for Childrens Services, Respondent, et al., Respondent
82 A.D.3d 577918 N.Y.S.2d 493
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