In re Courtney G.

Memorandum: In this neglect proceeding, petitioner appeals from an order in which Family Court sua sponte dismissed the petition on the ground that the allegations were legally insufficient as a matter of law. We reverse.

The court may not dismiss a neglect petition if, “accepting] as true the allegations set forth in the petition . . . and affording] the pleading a liberal construction^] . . . the petition sets forth sufficient factual allegations which, if proven at [a fact-finding hearing] by a preponderance of the evidence, would sustain a finding of neglect” (Matter of Elysa QQ., 249 AD2d…