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MATTER OF SMITH

128 A.D.2d 784 (1987)

In the Matter of Michael Smith. Commissioner of the New York City Department of Social Services, Appellant; James Smith, Respondent

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

March 23, 1987

Ordered that the order is affirmed, without costs or disbursements.

On or about February 4, 1986, a child abuse petition was filed by the Commissioner of the New York City Department of Social Services (hereinafter the DSS), alleging that the respondent had on one or more occasions inserted his finger, penis and/or another object into or near his 4½-year-old son Michael's anus, had masturbated the child and encouraged him to masturbate the respondent and had...

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