In re Ishmael D.

—Order unanimously reversed on the law without costs, petition granted and matter remitted to Monroe County Family Court for further proceedings in accordance with the following Memorandum: Petitioner Monroe County Department of Social Services contends that Family Court erred in dismissing its neglect petition. We agree. At approximately 1:00 a.m. on May 22, 1992, respondent father left his two allegedly sick children, ages 16 months and 6 months, asleep and alone in a locked apartment *1031in order to locate their mother, who had the children’s Medicaid cards. When respondent located the mother…