Matter of Malachi B. (Windell B.)

Order of fact-finding, Family Court, Bronx County (Michael R. Milsap, J.), entered on or about December 23, 2016, which determined, after a hearing, that respondent father had neglected the subject child, unanimously affirmed, without costs.

Family Court erred in making a finding of neglect based on abandonment (see Family Ct Act § 1012 [f] [ii]), because the petition as filed did not allege abandonment and the petition was never properly amended to include that allegation (see also Matter of Vallery P. [Jondalla P.], 106 AD3d 575, 575 [1st Dept 2013]). Sufficient proof, however, was presented…