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IN THE MATTER OF DUSTIN B.

24 A.D.3d 1280 (2005)

807 N.Y.S.2d 252

In the Matter of DUSTIN B. and Another, Infants. ALLEGANY COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; WILLIAM J.B., Appellant.

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

December 22, 2005.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Contrary to the contention of respondent, we conclude that petitioner established by a preponderance of the evidence that he neglected his two children named in the petition (see Family Ct Act § 1046 [b] [i]), i.e., that the "physical, mental or emotional condition [of the children...

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