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  5. 244 A.D.2d 790 (1997)
 

MATTER OF JJ.

244 A.D.2d 790 (1997)

666 N.Y.S.2d 273

In the Matter of Derrick JJ., a Child Alleged to be Neglected. Broome County Department of Social Services, Respondent; Ryan II., Appellant. (And Another Related Proceeding.)

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

November 26, 1997

Mercure, J.

During the pendency of a proceeding concerning the alleged neglect of Derrick JJ. (hereinafter the child) by his mother, the child was temporarily placed in respondent's custody. Due to allegations of sexual abuse made against respondent's close friend and babysitter, however, Family Court ordered a change in temporary custody to petitioner. Respondent then filed a petition pursuant to Family Court Act § 1028 seeking that temporary custody...

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