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DIV. OF YOUTH & FAMILY SERV. v. ROBERT M.

788 A.2d 888 (2002)

347 N.J. Super. 44

DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Appellant, v. ROBERT M. and Brenda M., Defendants-Respondents, In the Matter of Robert M., Jr., Richard M., Raymond M., Jonathan M., James M., and Jeziah M., Minors.

Superior Court of New Jersey, Appellate Division.

Decided January 24, 2002.

Attorney(s) appearing for the Case

John J. Farmer, Jr., Attorney General, for appellant (Michael J. Haas, Assistant Attorney General, of counsel; Lisa B. Landsman, Deputy Attorney General, on the brief).

Arthur J. Russo, Phillipsburg, for respondent; Robert M., Broscious, Glynn & Fischer, attorneys for respondent Brenda M. (Mr. Russo and James W. Broscious, on the joint brief).

Harold J. Bush, Law Guardian for minor Robert M.

Vincent J. Gaughan, Law Guardian for minor Richard M.

Deborah Berk, Assistant Deputy Public Defender, Law Guardian for minors Raymond M. and Jonathan M.

Deborah Toth O'Donnell, Law Guardian for minors James M. and Jeziah M.

Before Judges STERN, EICHEN and COLLESTER.

The opinion of the court was delivered by COLLESTER, J.A.D.

Pursuant to leave granted, plaintiff, the New Jersey Division of Youth and Family Services (Division), appeals from a fact-finding order of the Hunterdon County Family Part on July 8, 2001, dismissing its complaint for continuing custody of four children of defendants, Robert M. and Brenda M., on grounds that the Division failed to prove abuse or neglect under N.J.S.A. 9:6-8.21 et seq.

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