82 N.Y.2d 238 (1993)

624 N.E.2d 168

604 N.Y.S.2d 40

In the Matter of Philip M. and Others, Children Alleged to be Abused. Lorene P. et al., Appellants; Commissioner of Social Services of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided November 16, 1993.

Attorney(s) appearing for the Case

Martin Guggenheim, Madeleine Kurtz, New York City, Daniel Greenberg, of the Massachusetts Bar, admitted pro hac vice, and Robert G. Schwartz, of the Pennsylvania Bar, admitted pro hac vice, for appellants.

O. Peter Sherwood, Corporation Counsel of New York City (Margaret G. King and Barry P. Schwartz of counsel), for respondent.

Lenore Gittis, Law Guardian, New York City (Kenneth Rabb and Amy Serlin of counsel), on behalf of the children.

Chief Judge KAYE and Judges TITONE, HANCOCK, JR., BELLACOSA, SMITH and LEVINE concur.


Family Court has found respondent parents responsible for the sexual abuse of two of the five children living in their home. Accordingly, it ordered all five children placed under the supervision of the Child Welfare Administration (CWA) of the petitioner Department of the Social Services for a period of 12 months. Petitioner established its case by presenting evidence that respondents "allowed" two...


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