IN RE: KRYSTAL F. (2009)

IN RE: KRYSTAL F., and Others, Children Under the Age of Eighteen Years, etc., Liza R., Respondent-Appellant, Adalberto R., Respondent, Commissioner of Administration for Children's Services, Petitioner-Respondent.

Decided: December 29, 2009

MAZZARELLI, J.P., CATTERSON, MOSKOWITZ, RICHTER, MANZANET-DANIELS, JJ.

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 N.Y.2d 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 Court Act § 1112[a] ); but see Matter of Leah F., 61 A.D.3d 535, 876 N.Y.S.2d 645 [1st Dept.2009] ).

The finding of neglect was not supported by a preponderance of the evidence (Family Court Act § 1012[f][i][B]; § 1046[b][i] ).

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