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In the Matter of Dallas C. Orange County Department of Social Services, Respondent Dusty M.C., Appellant Richard C., (Proceeding No. 1.) In the Matter of Emily C. Orange County Department of Social Services, Respondent Dusty M.C., Appellant Richard C., (Proceeding No. 2.) In the Matter of Hunter C. Orange County Department of Social Services, Respondent Dusty M.C., Appellant Richard C., (Proceeding No. 3.)
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In related child neglect proceedings pursuant to Family Court Act article 10, the mother appeals from an order of fact-finding and disposition of the Family Court, Orange County (Woods, J.), dated November 21, 2011, which, after a fact-finding hearing, inter alia, found that she neglected the subject children. Ordered that the order of fact-finding and disposition is reversed, on the facts, without costs or disbursements, the petitions are denied, and the proceedings are dismissed.
A finding that a child is neglected must be based on a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]; Matter of Kassandra V. [Sylvia L.], 90 AD3d 940, 941 [2011]). Here, the petitioner failed to establish by a preponderance of the evidence that the mother neglected her children. As a result of our determination, the mother’s remaining contentions have been rendered academic. Dillon, J.P., Angiolillo, Leventhal and Miller, JJ., concur.