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MATTER OF ALIJAH C.

302 A.D.2d 838 (2003)

755 N.Y.S.2d 757

In the Matter of ALIJAH C. and Others, Alleged to be Abused and/or Neglected Children. CHEMUNG COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; ANITA C., Respondent. ANDREW M. ROTHSTEIN, as Law Guardian, Appellant.

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

Decided February 27, 2003.

Spain, J.

On June 2, 2001, respondent, the mother of Alijah (born in 1994), Alonzo (born in 1998) and Antonio (born in 2000), left six-month-old Antonio unattended in the bathtub in 8 to 10 inches of water while she went to look for her other two children. When she returned to the bathroom, Antonio was underwater and unconscious. She called 911 and attempted to revive him but, tragically, Antonio died at a hospital on June 6, 2001. Thereafter, on July 26, 2001, petitioner...

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