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MATTER OF DARIN J. v. TYLENA S.

298 A.D.2d 630 (2002)

748 N.Y.S.2d 179

In the Matter of DARIN J., Respondent, v. TYLENA S., Appellant. (And Another Related Proceeding.) In the Matter of KURT J. and Another, Children Alleged to be Neglected. CHENANGO COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; JOHN K., Appellant. (And Another Related Proceeding.)

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

Decided October 17, 2002.

Spain, J.

In February 2000, petitioner Darin J. (hereinafter the father) had custody of his two minor children, a six-year-old girl and an eight-year-old boy, while respondent Tylena S. (hereinafter the mother)—who resided with her boyfriend, respondent John K. (hereinafter respondent)—had visitation rights. Following an incident in which respondent was reported to have shown the children pornographic magazine pictures while he was under the influence...

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