In re Mikayla B.

OPINION OF THE COURT

Philip C. Segal, J.

In this child protective proceeding (see, Family Ct Act art *55510), petitioner Commissioner of Social Services moves for summary judgment (CPLR 3212; see, Matter of Suffolk County Dept. of Social Servs. [Michael V.] v James M., 83 NY2d 178 [1994]) declaring that respondent Pamela F.’s youngest child, Mikayla B., born on January 23, 1998, is a neglected child. As follows, the court finds that triable issues of fact exist and petitioner’s motion should be denied.

This child protective proceeding seeks a derivative finding that respondent neglected an…