In re Kyle H.

198 A.D.2d 913, 604 N.Y.S.2d 463

Opinion

—Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Erie County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in dismissing a child abuse petition against respondent Eric M., finding that he was not a "person legally responsible” (Family Ct Act § 1012 [g]). The proof at the fact-finding hearing demonstrated that Eric M. was a "person responsible for the child’s care at the relevant time” and was "continually * * * in the same household as the child” (Family Ct Act § 1012 [g]). We modify the order, therefore, by reinstating the petition against Eric M. (Appeal from Order of Erie County Family Court, Honan, J. — Abuse.) Present — Denman, P. J., Green, Balio, Fallon and Boomer, JJ.