In re Brianna J. , 937 N.Y.2d 597 ( 2012 )

Contrary to its contention, the petitioner, Administration for Children’s Services, failed to establish a prima facie case of neglect against the respondent parents with respect to the subject child (see Family Ct Act § 1012 [f] [i]). Accordingly, the petition against both of the respondents was properly dismissed. Skelos, J.E, Dickerson, Austin and Miller, JJ., concur.