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MATTER OF H.

198 A.D.2d 913 (1993)

604 N.Y.S.2d 463

In the Matter of Kyle H. and Another, Children Alleged to be Abused

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

November 19, 1993

Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Erie County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in dismissing a child abuse petition against respondent Eric M., finding that he was not a "person legally responsible" (Family Ct Act § 1012 [g]). The proof at the fact-finding hearing demonstrated that Eric M. was a "person responsible for the child's care...

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