Suffolk County Department of Social Services v. Diane J.

—In a child protective proceeding pursuant to Family Court Act article 10, the mother appeals from a fact-finding order and order of disposition (one paper) of the Family Court, Suffolk County (Pach, J.), dated May 3, 1994, which, after a fact-finding hearing, inter alia, made an affirmative finding of neglect against her.

Ordered that the fact-finding order and order of disposition is reversed, on the law, without costs or disbursements, and the proceeding is dismissed.

Family Court Act § 1012 (f) defines a neglected child as a child under 18 years of age:

*440"(i) whose physical, mental or…