Matter of Alyssa F. (Denzel F.)
2012 NY Slip Op 00122 [91 AD3d 486]
January 12, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 29, 2012


In the Matter of Alyssa F. and Another, Children Alleged to be Neglected. New York City Administration for Children's Services, Appellant; Denzel F., Respondent.

[*1] Michael A. Cardozo, Corporation Counsel, New York (Sharyn Rootenberg of counsel), for appellant.

Susan Jacobs, Center for Family Representation Inc., New York, and Leader & Berkon LLP, New York (David A. Paul of counsel), for respondent.

Tamara A. Steckler, The Legal Aid Society, New York (Amy Hausknecht of counsel), Attorney for the Children.

Order of disposition, Family Court, New York County (Clark V. Richardson, J.), entered on or about January 3, 2011, which dismissed the neglect petitions after an inquest, unanimously affirmed, without costs.

The court properly found that the quantum of proof did not demonstrate by a preponderance of the evidence that the children were at actual or potential risk of imminent harm to their physical, mental or emotional condition (Family Ct Act § 1012 [f] [i] [B]).

We have considered petitioner's remaining contentions and find them unavailing. Concur—Mazzarelli, J.P., Andrias, Saxe, Freedman and RomÁn, JJ.