Richard L. Herzfeld, New York, N.Y., for appellant. David L. Darwin, County Attorney, Goshen, N.Y. (Peter R. Schwarz of counsel), for petitioner-respondent.
William E. Horwitz, Ardsley–on–Hudson, N.Y., attorney for the children.
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, *446Orange 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 ( seeFamily Ct. Act § 1046[b][i]; Matter of Kassandra V. [ Sylvia L.], 90 A.D.3d 940, 941, 935 N.Y.S.2d 607). 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.