In re Nyjaiah M.

Order, Family Court, Bronx County (Karen I. Lupuloff, J.), entered on or about December 7, 2009, which dismissed three derivative neglect petitions against the respondent father on the ground that a prima facie case of derivative neglect had not been presented, unanimously reversed, on the law, without costs, and the matter remanded to the Family Court, Bronx County, for a continuation of the fact-finding hearing.

The petitions at issue were supported by evidence sufficient to establish a prima facie case of derivative neglect. Family Court erred in concluding that the 2004 fact-finding, that…