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In re Maranda LaP.

Appellate Division of the Supreme Court of New York, First Department
Nov 10, 2005
23 A.D.3d 221 (N.Y. App. Div. 2005)

Opinion

7009.

November 10, 2005.

Order of disposition, Family Court, New York County (Sara P. Schechter, J.), entered on or about February 25, 2003, upon a fact-finding determination of neglect, releasing the subject child to respondent with supervision by the Administration for Children's Services until October 25, 2003, unanimously affirmed, without costs.

Kenneth M. Tucillo, Hastings-on-Hudson, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Sharyn Rootenberg of counsel), for respondent.

Tamara A. Steckler, The Legal Aid Society, New York (John Newbery of counsel), Law Guardian.

Before: Mazzarelli, J.P., Saxe, Ellerin, Gonzalez and Catterson, JJ., concur.


The finding of repeated alcohol misuse is supported by a preponderance of the evidence showing, inter alia, that respondent twice tested positive for high levels of alcohol, on one of which occasions she was observed breast feeding the child just prior to the administration of the test (Family Ct Act § 1046 [a] [iii]; see Matter of Stefanel Tyesha C., 157 AD2d 322, 328, appeal dismissed sub nom. Matter of Sebastian M., 76 NY2d 1006). We have considered respondent's other arguments and find them to be without merit.


Summaries of

In re Maranda LaP.

Appellate Division of the Supreme Court of New York, First Department
Nov 10, 2005
23 A.D.3d 221 (N.Y. App. Div. 2005)
Case details for

In re Maranda LaP.

Case Details

Full title:In the Matter of MARANDA LAP., a Child Alleged to be Neglected. FRANCESCA…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 10, 2005

Citations

23 A.D.3d 221 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 8621
804 N.Y.S.2d 300

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