In re C. B.

The Family Court is here called upon not to determine if the father neglected his child, but whether the allegations in the petition on this child protective proceeding, if proven, would mean the child was neglected by the father.

This motion by the respondent father seeks to dismiss the *1018neglect petition as to him upon the grounds that the petition fails to state a cause of action as against him. (Family Ct. Act, § 165; CPLR 3211, subd [a], par 7.)

The petition names as respondents the mother and father of the three-month-old infant and alleges that child is neglected by reason of the mother…