Appellate Division of the Supreme Court of the State of New York October 25, 2012 (In re Ne-Ashia R.)

The court had the authority under section 1051 (b) of the Family Court Act to sua sponte amend the allegations of the petition to conform to the proof presented at the fact-finding hearing (see Matter of T.D. Children, 161 AD2d 464, 465 [1st Dept 1990]).