¶1The finding of neglect as against the mother was not supported by a preponderance of the evidence (see Family Ct Act § 1012 [f|; § 1046 [b] [i]). The mother’s false statement that she, and not the father, hit the subject child with a belt, did not, under the circumstances, establish that the mother had failed to exercise a minimum degree of care, or that the child was in imminent danger of being impaired as a result of the false statement (see Nicholson v Scoppetta, 3 NY3d 357, 368-369 [2004]). Concur — Tom, J.E, Andrias, Sweeny, Moskowitz and Renwick, JJ.
82 A.D.3d 577
In re Kennya S.
Appellate Division of the Supreme Court of the State of New York
Decided March 22, 2011
Appellate Division of the Supreme Court of the State of New York · decided 2011-03-22
Decided 2011-03-22