Opinion
June 27, 1988
Appeal from the Family Court, Kings County (Deutsch, J.).
Ordered that the order is affirmed, without costs or disbursements.
On the record before us, we find an insufficient basis to overturn the Family Court's determination that the two children were not neglected within the meaning of Family Court Act § 1012 (f). While the children's physical condition was in "imminent danger of becoming impaired" due to the unhealthy conditions present in their mother's apartment, the petitioner failed to prove by a preponderance of the credible evidence that those conditions were the result of any failure on the part of the mother (Family Ct Act § 1012 [f] [i]; § 1046 [b] [i]). Furthermore, because the court directed the petitioner to find suitable housing for the mother and her children and to ensure that the children are not returned to the unhealthy apartment, we are convinced that the disposition made was in the best interests of the children. Mollen, P.J., Lawrence, Weinstein and Balletta, JJ., concur.