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IN THE MATTER OF JASMINE B

Appellate Division of the Supreme Court of New York, Second Department.
Feb 2, 2004
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DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

The determination of the Family Court that the appellant mother was guilty of neglect was supported by a preponderance of the evidence ( see Family Ct Act ยง 1012 [f][i][B], 1046[b][i]; Matter of Nicole V., 71 N.Y.2d 112, 117). The evidence adduced at the fact-finding hearing showed that the mother reasonably should have known that the child was in imminent danger of being sexually abused, and that the mother's behavior constituted a willful omission in the protection of the subject child ( see Matter of Christina P., 275 A.D.2d 783, 784; Matter of Sara X., 122 A.D.2d 795, 796).

S. MILLER, J.P., H. MILLER, CRANE and RIVERA, JJ., concur.