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MATTER OF CHILD PROTECTIVE SERVICES

260 A.D.2d 631 (1999)

689 N.Y.S.2d 173

In the Matter of CHILD PROTECTIVE SERVICES, on Behalf of DARNELL Mc. and Others, Children Alleged to be Abused and Neglected, Appellant. LIONEL DUNKIRK T., Respondent.

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

Decided April 26, 1999.

Ordered that the order is reversed insofar as appealed from, as a matter of discretion, without costs or disbursements, and the matter is remitted to the Family Court, Suffolk County, for a new hearing in accordance herewith and for the entry of an appropriate order of disposition.

In a prior appeal in this matter we concluded that the respondent had sexually abused a four-year-old child (see, Matter of Child Protective Servs. [Darnell Mc.],

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