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  5. 228 A.D.2d 568 (1996)
 

PARKHURST v. WESTCHESTER COUNTY DEP'T OF SOC SERVS.

228 A.D.2d 568 (1996)

644 N.Y.S.2d 768

Frank E. Parkhurst IV, Appellant, v. Westchester County Department of Social Services, Respondent

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

June 17, 1996

Ordered that the order is affirmed, with costs.

On March 8, 1990, the defendant filed a petition under Family Court Act article 10 alleging that the plaintiff had abused and neglected his son. This proceeding was settled on consent by order of adjournment in contemplation of dismissal dated October 18, 1991. The petition was dismissed, by operation of law, on April 18, 1992.

The plaintiff commenced the instant action...

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