MATTER OF K.


117 A.D.2d 968 (1986)

In the Matter of Victoria K. and Others, Alleged to be Abandoned Children. Delaware County Department of Social Services, Appellant; Joseph K., Respondent

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

February 27, 1986


Harvey, J.

In May 1984, petitioner commenced these proceedings against respondent seeking orders determining his four children to be abandoned and committing the guardianship and custody of the children to petitioner. Although the children's mother was alive, petitioner sought commitment of the children based only upon allegations that respondent abandoned the children. Family Court dismissed the petitions without prejudice on the ground that, even if...

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