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  5. 256 A.D.2d 931 (1998)
 

MATTER OF VICTORIA CC.

256 A.D.2d 931 (1998)

681 N.Y.S.2d 870

In the Matter of VICTORIA CC., a Child Alleged to be Neglected. TOMPKINS COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; PHYLLIS DD., Appellant. (And Another Related Proceeding.)

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

Decided December 24, 1998.

White, J.

As respondent Phyllis DD. (hereinafter the mother) was giving her nine-month-old child a bath, the telephone rang. Leaving the child in the bathtub, the mother left the bathroom to answer the phone. When she returned she found the child floating face up in the water. Fortunately, emergency medical technicians were able to revive the child, who has emerged apparently unscathed from this near drowning. Thereafter...

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