Matter of Tyler S. v Maria S.

Matter of Tyler S. 2005 NY Slip Op 08987 [23 AD3d 564] November 21, 2005 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 18, 2006

In the Matter of Tyler S., a Child Alleged to be Neglected. Administration for Children's Services, Respondent; Maria S., Appellant.

—[*1]In a child protective proceeding pursuant to Family Court Act article 10, the mother appeals, as limited by her brief, from so much of an order of disposition of the Family Court, Kings County (Elkins, J.), dated September 10, 2004, as, upon a fact-finding order of the same court dated August 16, 2004, made after a hearing, found that she neglected her child.

Ordered that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.

Family Court Act § 1046 (b) (i) requires that a finding of neglect of a child be supported by a preponderance of the evidence (see Matter of Tammie Z., 66 NY2d 1 [1985]). We conclude that the finding of neglect with respect to the child was supported by a preponderance of the evidence.

The mother's remaining contentions are without merit. Adams, J.P., Luciano, Mastro and Lunn, JJ., concur.