Matter of Jarrod G., Jr. (Irene Q.--Jarrod G., Sr.)

Matter of Jarrod G., Jr. (Jarrod G., Sr.) 2010 NY Slip Op 04053 [73 AD3d 503] May 11, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 30, 2010

In the Matter of Jarrod G., Jr. and Another, Children Alleged to be Neglected. Jarrod G., Sr., Appellant; Administration for Children's Services, Respondent, et al., Respondent.

—[*1] Randall S. Carmel, Syosset, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Janet L. Zaleon of counsel), for Administration for Children's Services, respondent.

Lisa H. Blitman, New York, Law Guardian.

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.

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 [*2]becoming impaired (see Matter of Jayvien E. [Marisol T.], 70 AD3d 430, 436 [2010]; Matter of Anastasia G., 52 AD3d 830 [2008]; Family Ct Act § 1012 [f] [i] [B]). Concur—Tom, J.P., Sweeny, Moskowitz, DeGrasse and Manzanet-Daniels, JJ.