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MATTER OF TRISTRAM K.

25 A.D.3d 222 (2005)

804 N.Y.S.2d 83

In the Matter of TRISTRAM K., a Child Alleged to be Neglected. JING K., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent, et al., Respondent. In the Matter of GAIL K.H., Respondent, v. JING X., Also Known as JING K., Appellant. In the Matter of LING MEI X., Petitioner, v. JING K., Appellant, and GAIL K.H., Respondent, et al., Respondents. In the Matter of GAIL K.H., Respondent, v. JING X., Also Known as JING K., Appellant.

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

November 17, 2005.

Attorney(s) appearing for the Case

Shenlaw.com Law Firm, LLC, Flushing (Jianming Shen of counsel), and Sanctuary for Families' Center for Battered Women's Legal Services, New York City (Mary Rothwell Davis of counsel), for appellants.

Michael A. Cardozo, Corporation Counsel, New York City (Jane L. Gordon and Edward F.X. Hart of counsel), for ACS, respondent.

Gail K.H., pro se, and James F.X. Hiler, New York City, for Gail K.H., respondent.

Steven Banks, The Legal Aid Society, New York City (Judith Stern and Nicole Bingham of counsel), Law Guardian.

Robert F. Wayburn, New York City, for Councilman John C. Liu, amicus curiae.

SULLIVAN, J.P., WILLIAMS, GONZALEZ and McGUIRE, JJ., concur.

OPINION OF THE COURT

ELLERIN, J.

This appeal presents the unhappy consequences of inattention to the interplay between article 6 and article 10 of the Family Court Act.

The child in question is Tristram K., born May 29, 2000, to the respondent mother and her now deceased husband. Following a consolidated hearing on the disposition of a neglect finding against...

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