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MATTER OF B.

199 A.D.2d 1061 (1993)

605 N.Y.S.2d 609

In the Matter of Phillip Whitney B., and Others, Children Alleged to be Neglected

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

December 29, 1993

Order unanimously reversed on the law without costs and petition dismissed.

Memorandum:

The record establishes, as found by Family Court, that while respondent was incarcerated he reasonably planned for the future of his children. Family Court thus erred in concluding that respondent permanently neglected his children (see, Social Services Law § 384-b [7]; see generally, Matter of Gregory B., 74 N.Y.2d 77

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