Matter of Brianna J. (Edgire J.)
2012 NY Slip Op 00787 [91 AD3d 953]
January 31, 2012
Appellate Division, Second 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 Brianna J. Administration for Children's Services, Appellant; Edgire J. et al., Respondents.

—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Leonard Koerner, Ethan Wolf, and Ronald E. Sternberg of counsel), for appellant.

Yasmin Daley Duncan, Brooklyn, N.Y., for respondent Edgire J.

Alexander M. Dudelson, Brooklyn, N.Y., for respondent Terry W.

Steven Banks, New York, N.Y. (Tamara A. Steckler and Marcia Egger of counsel), attorney for the child.

In a neglect proceeding pursuant to Family Court Act article 10, the Administration for Children's Services appeals from an order of the Family Court, Kings County (Danoff, J.), dated June 28, 2011, which, after a fact-finding hearing, dismissed the petition.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to its contention, the petitioner, Administration for Children's Services, failed to establish a prima facie case of neglect against the respondent parents with respect to the subject child (see Family Ct Act § 1012 [f] [i]). Accordingly, the petition against both of the respondents was properly dismissed. Skelos, J.P., Dickerson, Austin and Miller, JJ., concur.