NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
May 11, 2010
IN RE JARROD G., JR., AND ANOTHER, CHILDREN UNDER THE AGE OF EIGHTEEN YEARS, ETC., AND IRENE Q., RESPONDENT,
JARROD G., SR., RESPONDENT-APPELLANT,
ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-RESPONDENT.
Orders, Family Court, Bronx County (Carol A. Stokinger, J.), entered on or about August 19, 2008, which, upon a fact-finding determination that respondent father neglected the subject children, inter alia, placed the children with their paternal grandmother until the completion of the next permanency hearing, unanimously reversed, on the law and facts, without costs, the finding of neglect as against the father vacated and the petition dismissed as against him.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Tom, J.P., Sweeny, Moskowitz, DeGrasse, Manzanet-Daniels, JJ.
The court improperly concluded that the father had neglected his children based on his past mental illness and substance abuse. Even assuming the truth of these allegations, the evidence does not contain a link or causal connection between the basis for the petition and the circumstances that allegedly impaired the children or placed them in imminent danger of becoming impaired (see Matter of Jayvien E. [Marisol T.], 70 AD3d 430, 436 ; Matter of Anastasia G., 52 AD3d 830 ; Family Court Act § 1012[f][i][B]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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