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MATTER OF CINDY JJ.

105 A.D.2d 189 (1984)

In the Matter of Cindy JJ. and Others, Children Alleged to be Abused and Neglected. William R. Moon, as Commissioner of The Delaware County Department of Social Services, Appellant; Kenneth JJ., Respondent

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

December 27, 1984

Attorney(s) appearing for the Case

Carl F. Becker for appellant.

Gerald Mackin for respondent.

MAHONEY, P. J., KANE, LEVINE and HARVEY, JJ., concur.

CASEY, J.

Petitioner claims that Family Court erred in finding insufficient evidence to sustain petitioner's allegations of child abuse as to three of respondent's four children. We agree in part with this claim.

The petition, dated June 3, 1983, alleges that respondent's four children, two daughters, ages 16 and 14, and two sons, ages 17 and 13, are abused children within the meaning of section 1012 of the Family Court Act. Specifically, the...

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