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MATTER OF XAVIER C.

303 A.D.2d 583 (2003)

756 N.Y.S.2d 474

In the Matter of XAVIER C., a Child Alleged to be Neglected. CHILD PROTECTIVE SERVICES, Respondent; LLOYD A.C., Appellant. (Proceeding No. 1.) In the Matter of XERXES C., a Child Alleged to be Neglected. CHILD PROTECTIVE SERVICES, Respondent; LLOYD A.C., Appellant. (Proceeding No. 2.) In the Matter of XENIA C., a Child Alleged to be Neglected. CHILD PROTECTIVE SERVICES, Respondent; LLOYD A.C., Appellant. (Proceeding No. 3.) In the Matter of XARIA C., a Child Alleged to be Neglected. CHILD PROTECTIVE SERVICES, Respondent; LLOYD A.C., Appellant. (Proceeding No. 4.)

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

Decided March 17, 2003.

Ordered that the fact-finding order is reversed, on the law, without costs or disbursements, the order of disposition dated September 27, 1999, is vacated, and the matter is remitted to the Family Court, Suffolk County, for further proceedings consistent herewith.

The Family Court erred in granting the motion of the petitioner, the Suffolk County Department of Social Services, for summary judgment and finding that the father neglected the subject children. The Family...

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