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MATTER OF M.

232 A.D.2d 281 (1996)

648 N.Y.S.2d 559

In the Matter of Najam M., a Person Alleged to be Abused. Edricka M. et al., Respondents; Commissioner of Social Services of the City of New York, Appellant. Jane M. Spinak, as Law Guardian, Appellant

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

October 24, 1996

The Commissioner of Social Services and the Law Guardian for the subject child, Najam M., brought this child abuse petition against her parents. Article 10 of the Family Court Act defines an "abused child" as a child under the age of 18 whose parent (or other legally responsible person) "commits, or allows to be committed, a sex offense against such child" (Family Ct Act § 1012 [e] [iii]). It is incumbent upon the petitioner to establish child abuse by "a preponderance...

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