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MATTER OF CHARLES M.

171 A.D.2d 343 (1991)

In the Matter of the Guardianship of Charles Frederick Eugene M., Also Known as Charles M., an Infant. Cardinal McCloskey Children's and Family Services, Appellant; Diane Marie L., Also Known as Diane M., Respondent

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

November 26, 1991

Attorney(s) appearing for the Case

Gerald E. Bodell of counsel (Bodell & Gross, attorneys), for appellant.

Gail E. Allen for respondent.

Susan K. Knipps of counsel (Lenore Gittis, Law Guardian).

MILONAS, KUPFERMAN, KASSAL and SMITH, JJ., concur.

SULLIVAN J. P.

The infant, Charles M., was born on March 29, 1979, and was placed in petitioner agency's care on September 20, 1985, after respondent mother was incarcerated on charges that she sexually abused the child in a city-run shelter in which they were living. The original Family Court abuse petition alleged both the sexual abuse and the failure to exercise a minimum degree of care with respect to the...

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