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MATTER OF JAZMINE W.

309 A.D.2d 1194 (2003)

765 N.Y.S.2d 297

In the Matter of JAZMINE W. and Others, Infants. MONROE COUNTY DEPARTMENT OF SOCIAL SERVICES, Appellant; MARCELLUS L., Respondent.

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

Decided October 2, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioner commenced this proceeding pursuant to Family Ct Act article 10 based upon allegations of sexual abuse with respect to one child and derivative neglect with respect to two others. Contrary to petitioner's contentions, Family Court did not abuse its discretion in dismissing the petition following a fact-finding hearing. "Where...

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