MATTER OF MAGNOLIA A.


272 A.D.2d 115 (2000)

707 N.Y.S.2d 176

In the Matter of MAGNOLIA A., a Child Alleged to be Neglected and/or Abused. JOSEPHINA D. et al., Respondents; COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK, Appellant.

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

Decided May 9, 2000.


The Administration for Children's Services commenced this child abuse and neglect proceeding against respondent mother Josephina D. and respondent maternal grandmother Flora D., pursuant to Family Court Act article 10, after the five-year-old child Magnolia A. was diagnosed with gonorrhea.

At the close of petitioner's case, respondents moved to dismiss for failure to make out a prima facie case. The motion was opposed by petitioner and the child's law guardian. The...

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