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IN THE MATTER OF MARANDA LAP

Appellate Division of the Supreme Court of New York, First Department.
Nov 10, 2005
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The finding of repeated alcohol misuse is supported by a preponderance of the evidence showing, inter alia, that respondent twice tested positive for high levels of alcohol, on one of which occasions she was observed breast feeding the child just prior to the administration of the test (Family Ct Act ยง 1046 [a] [iii]; see Matter of Stefanel Tyesha C., 157 AD2d 322, 328, appeal dismissed sub nom. Matter of Sebastian M., 76 NY2d 1006). We have considered respondent's other arguments and find them to be without merit.