In re Kayden H.

Balkin, J.,

concurs in part and dissents in part, and votes to affirm both orders appealed from with the following memorandum: I agree with my colleagues that the Fresentment Agency met its burden of proving by a fair preponderance of the evidence that the appellants neglected the subject child (see Matter of Samantha B., 5 AD3d 590, 591 [2004]; Matter of Victoria CC., 256 AD2d 931, 932-933 [1998]). I disagree with their conclusion that the Family Court’s “aid is not required” (Family Ct Act § 1051 [c]). Consequently, I dissent from the majority’s determination that dismissal of the petition…