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MATTER OF B.

96 A.D.2d 1140 (1983)

In the Matter of Marie B.

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

September 23, 1983

Order unanimously affirmed, without costs.

Memorandum:

We agree, for the reasons stated in the memorandum of the Family Court, that subdivision (e) of section 1039 of the Family Court Act is unconstitutional insofar as it provides that a finding of a violation of a condition in an order of adjournment in contemplation of dismissal (ACD) in a child abuse or neglect proceeding shall have "the same force and effect...

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