IN THE MATTER OF NATHANIEL II.


18 A.D.3d 1038 (2005)

795 N.Y.S.2d 780

In the Matter of NATHANIEL II. and Others, Children Alleged to be Abused and/or Neglected. CHEMUNG COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; LAWRENCE JJ., Appellant.

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

May 19, 2005.


SPAIN, J.

Respondent is the father of three children, two boys (born in 1998 and 2001) and a girl (born in 1999). A fourth child, a boy (born in 1990), who is the legal ward — but not the biological child — of respondent, also resided in the household. In December 2003, petitioner commenced this proceeding alleging, among other things, respondent's sexual abuse of the girl (then four years old). Following a fact-finding hearing, Family Court sustained...

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