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MATTER OF ALIJAH C.

1 N.Y.3d 375 (2004)

806 N.E.2d 491

774 N.Y.S.2d 483

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.

Court of Appeals of the State of New York.

Decided February 19, 2004.

Attorney(s) appearing for the Case

Andrew M. Rothstein, Elmira, Law Guardian.

Adam M. Gee, Elmira, for Chemung County Department of Social Services, respondent.

John H. Van Wert, Elmira, for Anita C., respondent.

Chief Judge KAYE and Judges G.B. SMITH, ROSENBLATT, GRAFFEO and READ concur; Judge R.S. SMITH taking no part.

OPINION OF THE COURT

CIPARICK, J.

On June 2, 2001, respondent mother left six-month-old Antonio unattended in the bathtub while she went outdoors to look for her two other children, six-year-old Alijah and two-year-old Alonzo. She left Antonio alone in a floating foam bath seat in 8 to 10 inches of water. At the time, a friend was visiting and sitting in the living room, adjacent to the bathroom. However, mother did not seek her friend's assistance in supervising...

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