Matter of Melody S. (Maryeling S.-P.)
2021 NY Slip Op 02119 [193 AD3d 470]
April 6, 2021
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 2, 2021


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 In the Matter of Melody S., a Child Alleged to be Neglected. Maryeling S.-P., Appellant; Administration for Children's Services, Respondent.

The Law Offices of Salihah R. Denman, PLLC, New York (Salihah R. Denman of counsel), for appellant.

James E. Johnson, Corporation Counsel, New York� (Rebecca L. Visgaitis of counsel), for respondent.

Dawne A. Mitchell, The Legal Aid Society, New York (Polixene Petrakopoulos of counsel), attorney the child.

Order of fact-finding, Family Court, New York County (Clark V. Richardson, J.), entered on or about October 11, 2018, which, after a hearing, found that respondent mother neglected the subject child, unanimously affirmed, without costs.

A preponderance of the evidence established that respondent's untreated mental illness and alcohol misuse placed the subject infant child at substantial risk of harm and warranted a finding of neglect (see Matter of Lakiyah M. [Shacora M.], 136 AD3d 424, 425 [1st Dept 2016]; Matter of Liarah H. [Dora S.], 111 AD3d 514, 515 [1st Dept 2013]). Concur—Renwick, J.P., Kennedy, Scarpulla, Shulman, JJ.