Matter of Damian G. (Jacquelyn M.)
2012 NY Slip Op 03575 [19 NY3d 841]
May 8, 2012
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 20, 2012


[*1]
In the Matter of Damian G. and Another, Infants. Oneida County Department of Social Services, Respondent; Jacquelyn M. et al., Appellants.

Decided May 8, 2012

Matter of Damian G. (Jacquelyn M.), 88 AD3d 1268, reversed.

APPEARANCES OF COUNSEL

Koslosky & Koslosky, Utica (William L. Koslosky of counsel), for Jacquelyn M., appellant.

Mary R. Humphrey, New Hartford, for Christopher G., appellant.

John A. Herbowy, Utica, for respondent.

Susan B. Marris, Manlius, Attorney for the Children.

{**19 NY3d at 842} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, and petition dismissed. The determinations of neglect against Jacquelyn M. and Christopher G. are not supported by legally sufficient evidence.

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.