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MATTER OF KELLY v. NEW YORK STATE DEP'T OF SOC SERVS.

229 A.D.2d 984 (1996)

645 N.Y.S.2d 362

In the Matter of Eileen Kelly et al., Petitioners, v. New York State Department of Social Services et al., Respondents

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

July 12, 1996

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

In its determination following a fair hearing, respondent New York State Department of Social Services upheld the removal of two children from petitioners' foster care by the Onondaga County Department of Social Services. That determination is supported by substantial evidence and is neither arbitrary nor capricious (see

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