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MATTER OF SHARNETTA N

120 A.D.2d 276 (1986)

In the Matter of Sharnetta N. and Others, Children Alleged to be Abused and Neglected. Commissioner of Social Services of the City of New York, Appellant; Diane L. et al., Respondents

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

December 4, 1986

Attorney(s) appearing for the Case

Barry P. Schwartz of counsel (Fay Leoussis with him on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for appellant.

Julian A. Hertz for respondents.

Mary A. Clark of counsel (Lenore Gittis, Law Guardian), for Sharnetta N.

Elfreda G. Brownstein, Law Guardian, for Twana L. and another.

MILONAS, ROSENBERGER, ELLERIN and WALLACH, JJ., concur.

FEIN, J. P.

On October 18, 1985, the Commissioner of Social Services of the City of New York (Commissioner) filed a petition against respondents Diane L. and Collins N., Sr., alleging that they had abused and neglected their children Sharnetta N. (age 7), Twana L. (age 10) and Collins N. (age 5 months). The petition alleged the following:

"(a) On 10/16/85 school personnel [sic] called in a report...

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