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IN THE MATTER OF LEMAR

23 A.D.3d 383 (2005)

806 N.Y.S.2d 80

In the Matter of LEMAR H., a Child Alleged to be Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; ERVIN H., Appellant. (Proceeding No. 1.) In the Matter of KEMMAR H., a Child Alleged to be Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; ERVIN H., Appellant. (Proceeding No. 2.)

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

November 7, 2005.

Ordered that the appeal from the fact-finding order is dismissed, without costs or disbursements, as that order was superseded by the order of disposition; and it is further,

Ordered that the order of disposition is affirmed, without costs or disbursements.

The Family Court's finding that the appellant, the children's paternal grandfather, neglected Lemar H. based on the use of excessive corporal punishment is supported by a preponderance of the evidence....

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