Matter of Krystal F. (Liza R.--Adalberto R.)

Matter of Krystal F. (Liza R.) 2009 NY Slip Op 09709 [68 AD3d 670] December 29, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

In the Matter of Krystal F. and Others, Children Alleged to be Neglected. Liza R., Appellant; Commissioner of Administration for Children's Services, Respondent, et al., Respondent.

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Kenneth M. Tuccillo, Hastings-On-Hudson, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Alan G. Krams of counsel), for respondent.

Order, Family Court, New York County (Jane Pearl, J.), entered on or about January 27, 2009, which, insofar as appealed from, after a fact-finding hearing, found that respondent mother neglected the subject child Krystal F., unanimously reversed, on the law, without costs, the finding of neglect vacated and the petition dismissed as against respondent mother.

On or about March 12, 2009, the Family Court issued a dispositional order, placing custody of the child with her father, and no appeal has been taken from this order. Ordinarily, the right of direct appeal from an intermediate order terminates with entry of a judgment (see Matter of Aho, 39 NY2d 241, 248 [1976]). However, this Court has jurisdiction to hear this appeal since "[a]n appeal from an intermediate or final order in a case involving abuse or neglect may be taken as of right" (Family Ct Act § 1112 [a]; but see Matter of Leah F., 61 AD3d 535 [1st Dept 2009]). [*2]

The finding of neglect was not supported by a preponderance of the evidence (Family Ct Act § 1012 [f] [i] [B]; § 1046 [b] [i]). Concur—Mazzarelli, J.P., Catterson, Moskowitz, Richter and Manzanet-Daniels, JJ.