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IN THE MATTER OF KIRK V.

24 A.D.3d 277 (2005)

807 N.Y.S.2d 326

In the Matter of KIRK V., A Child Alleged to be Neglected. PROVIDENCIA V. et al., Respondents; COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant.

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

December 22, 2005.

In dismissing this proceeding on the ground that the court's intervention was not required (Family Ct Act § 1051 [c]), Family Court did not address whether there is any substance to petitioner's allegation that respondent parents neglected Kirk V. by failing to protect him from sexual abuse by his older brother (see 5 N.Y.3d 840 [2005], revg 15 A.D.3d 285

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