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IN THE MATTER OF DEVON W.

9 A.D.3d 830 (2004)

779 N.Y.S.2d 690

In the Matter of DEVON W. and Another, Infants. CHAUTAUQUA COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; HENRY S., Appellant, et al., Respondent.

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

July 9, 2004.

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 alleging that respondents had neglected the two children of respondent Lisa W. We reject the contention of Henry S. (respondent) that he was not a "person legally responsible" for the care of the children within the meaning of Family Ct Act § 1012 (g). Respondent lived with the children and...

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