IN RE ANDY Z., A CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., HONG LAI Z., res-ap, COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK, pet-res

9596. IN RE ANDY Z., A CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., HONG LAI Z., res-ap, COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK, pet-res — Steven N. Feinman, White Plains, for ap — Michael A. Cardozo, Corporation Counsel, New York (Fay Ng of counsel), for res — TAMARA A. STECKLER, THE LEGAL AID SOCIETY, NEW YORK (ELANA E. ROFFMAN OF COUNSEL), ATTORNEY FOR THE CHILD.—Order of disposition, Family Court, New York County (Clark V. Richardson, J.), entered on or about June 8, 2010, which, to the extent appealed from as limited by the briefs, brings up for review a fact-finding determination that respondent-appellant father had neglected the subject child, unanimously reversed, on the law and the facts, without costs, the finding of neglect vacated, and the petition dismissed as against the father.

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9596. IN RE ANDY Z., A CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., HONG LAI Z., res-ap, COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK, pet-res — Steven N. Feinman, White Plains, for ap — Michael A. Cardozo, Corporation Counsel, New York (Fay Ng of counsel), for res — TAMARA A. STECKLER, THE LEGAL AID SOCIETY, NEW YORK (ELANA E. ROFFMAN OF COUNSEL), ATTORNEY FOR THE CHILD.—Order of disposition, Family Court, New York County (Clark V. Richardson, J.), entered on or about June 8, 2010, which, to the extent appealed from as limited by the briefs, brings up for review a fact-finding determination that respondent-appellant father had neglected the subject child, unanimously reversed, on the law and the facts, without costs, the finding of neglect vacated, and the petition dismissed as against the father.

The Family Court’s findings of neglect against the father, based on two incidents, are not supported by a preponderance of the evidence (see Family Ct Act §1046[b][i]). Although, as the court noted, the father had numerous opportunities to reconsider his decision to leave the child alone during one argument with the mother, it was the mother’s ultimate failure to return home even after the police told her to do so, and after she knew that her husband could not do so, that caused the child, who was almost eight years old at the time, to be left alone overnight, possibly in imminent danger of becoming physically or emotionally impaired (see Family Ct Act §1012[f][i][B]).

IN RE ANDY Z., A CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., HONG LAI Z., res-ap, COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK, pet-res

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