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  5. 86 N.Y.2d 875 (1995)
 

MATTER OF P.

86 N.Y.2d 875 (1995)

658 N.E.2d 1042

635 N.Y.S.2d 169

In the Matter of Jaclyn P. and Another. Nassau County Department of Social Services, Respondent; Robert P., Appellant.

Court of Appeals of the State of New York.

Decided November 1, 1995.

Attorney(s) appearing for the Case

Schapiro & Reich, Lindenhurst (Perry S. Reich and Steven M. Schapiro of counsel), for appellant.

Owen B. Walsh, County Attorney of Nassau County, Mineola (Bernadine M. Koch and Marilyn L. Olshansky of counsel), for respondent.

Kenneth J. Munnelly, Delmar, Law Guardian.

Barbara H. Dildine, New York City, and Jane M. Spinak for Legal Aid Society, Juvenile Rights Division, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur; Judge SMITH dissents and votes to reverse in an opinion.

MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.

In this child protective proceeding, petitioner Department of Social Services commenced proceedings against respondent father alleging that he had sexually abused and neglected his two young daughters, Melissa and Jaclyn. At a hearing before Family Court, the children's mother testified...

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