MATTER OF S.


123 A.D.2d 702 (1986)

In the Matter of Marcus S. Commissioner of the New York City Department of Social Services, Appellant; Gladys S., Respondent

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

October 14, 1986


Ordered that the order is reversed, on the law and the facts, without costs or disbursements, the petition is granted, and the proceeding is remitted to the Family Court, Kings County, for a dispositional hearing before another Judge. In the interim, the child is to remain in the custody of the petitioner, the Commissioner of the New York City Department of Social Services.

An abused child is defined as a child under 18 years of age whose parent: "inflicts or allows...

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