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MATTER OF R.

89 A.D.2d 897 (1982)

In the Matter of Richard R., Appellant. Commissioner of Social Services, Petitioner; Mercedes C., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 16, 1982

Order affirmed, without costs or disbursements.

We agree with the Family Court that the petitioner failed to sustain his burden. Petitioner was required to show that Richard's grandmother neglected the child by subjecting him to excessive corporal punishment. He failed in this task. However, it is clear that the child, who is emotionally handicapped, is in immediate need of therapy as offered by the Bureau of Child Welfare...

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