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MATTER OF DANIELLE S.

304 A.D.2d 469 (2003)

758 N.Y.S.2d 316

In the Matter of SHARLESE DANIELLE S., a Child Alleged to be Permanently Neglected. THOMAS W., Appellant; LITTLE FLOWER CHILDREN'S SERVICES, Respondent.

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

Decided April 24, 2003.

The agency was excused from exercising diligent efforts to encourage the parent-child relationship in light of respondent father's conviction of assault in the second degree after abusing the child and the order of protection issued against him (see Matter of Joseluise Juan M., 302 A.D.2d 219 [2003]; Matter of Kasey Marie M., 292 A.D.2d 190 [2002]). The evidence amply

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