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MATTER OF SUFFOLK COUNTY DEP'T OF SOC SERVS. v. J.

222 A.D.2d 439 (1995)

634 N.Y.S.2d 523

In the Matter of Suffolk County Department of Social Services, on Behalf of Charles J., Respondent, v. Diane J., Appellant

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

December 4, 1995

Ordered that the fact-finding order and order of disposition is reversed, on the law, without costs or disbursements, and the proceeding is dismissed.

Family Court Act § 1012 (f) defines a neglected child as a child under 18 years of age:

"(i) whose physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his parent * * * to exercise...

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