IN RE AMOREIH S. SUFFOLK COUNTY DEPT

Ordered that the order of fact-finding and disposition is reversed insofar as appealed from, on the law and the facts, without costs or disbursements, and the petitions in proceeding Nos. 1, 2, and 3 are dismissed.

A "neglected child" is defined as one whose "physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his parent or other person legally responsible for his care to exercise a minimum degree of care . . . in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or a substantial risk thereof (Family Ct Act § 1012 [f] [i] [B]).

As the mother correctly contends, the Family Court's finding of neglect against her was not supported by a preponderance of the evidence. The evidence presented at the fact-finding hearing established that the mother and the father were arguing while the father was carrying their son Jordan in a baby carrier. During the argument, a friend of the mother attempted to grab the baby and the baby fell out of the carrier. There was no evidence that the mother and father engaged in a physical altercation. While a single incident may suffice to sustain a finding of neglect ( see Matter of Lester M., 44 AD3d 944, 945), the record here does not support such a finding.

Further, since the finding of derivative neglect regarding the mother's two daughters was based on the neglect determination with respect to her son, that finding, too, is unsupported by the evidence ( see Matter of Iyanah D., 65 AD3d 927, 928).