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MATTER OF H.

235 A.D.2d 373 (1997)

652 N.Y.S.2d 980

In the Matter of Mativane H. and Others, Children Alleged to be Abused. Marion K. et al., Respondents; Joan K., Appellant; Commissioner of Social Services of the City of New York, Respondent

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

January 30, 1997

The record shows that appellant, the subject children's grandmother, had engaged in many different aspects of child-rearing on a daily basis, and was therefore the "functional equivalent" of the children's parent who could be properly charged with their abuse and neglect (see, Matter of Yolanda D., 88 N.Y.2d 790, 795). The loco parentis test urged by appellant has been specifically rejected by the Court of Appeals (supra...

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