MATTER OF L.


249 A.D.2d 23 (1998)

671 N.Y.S.2d 232

In the Matter of Sara L. and Others, Children Alleged to be Abused and/or Neglected. James L. et al., Appellants; 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.

April 7, 1998


The claims set forth in the petitions are either contradicted by the agency's own witnesses or documentary evidence, or conclusively resolved in respondent parents' favor by reference to record evidence. The Family Court failed to address the specific claims or to analyze the relevant evidence and erred in denying summary judgment dismissing the petitions. Parenthetically, we note that the respondent parents' application pursuant to Family Court Act § 1028 to have their...

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