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MTR OF SUFFOLK DSS v. JAMES M

83 N.Y.2d 178 (1994)

630 N.E.2d 636

608 N.Y.S.2d 940

In the Matter of Suffolk County Department of Social Services, on Behalf of Michael V. and Another, Children Alleged to be Abused or Neglected, Respondent, v. James M., Appellant.

Court of Appeals of the State of New York.

Decided February 15, 1994.

Attorney(s) appearing for the Case

McNamee, Lochner, Titus & Williams, Albany (David J. Wukitsch of counsel), for appellant.

Robert J. Cimino, County Attorney of Suffolk County, Central Islip (Jeffrey A. Adolph of counsel), for respondent.

Anthony DiSanti, Law Guardian, Central Islip, and Robert C. Mitchell for Michael V. and another.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH and CIPARICK concur; Judge TITONE taking no part.

LEVINE, J.

In proceedings pursuant to Family Court Act article 10, Nicholas V., born July 14, 1979, was adjudicated an abused child and Michael V., born October 6, 1980, was adjudicated a neglected child. In each instance, the adjudication was based upon Family Court's grant of the motion for summary judgment of the petitioner Suffolk County Department of Social Services, in which the court determined that appellant...

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