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IN THE MATTER OF STEPHANIE R.

21 A.D.3d 417 (2005)

799 N.Y.S.2d 804

In the Matter of STEPHANIE R., an Infant. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; ORLANDO G., Also Known as ORLANDO R., Appellant. (Proceeding No. 1.) In the Matter of SAMANTHA R., an Infant. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; ORLANDO G., Also Known as ORLANDO R., Appellant. (Proceeding No. 2.)

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

August 8, 2005.

Ordered that the order of fact-finding and disposition is modified, on the law, by deleting the provision thereof finding that the father derivatively abused Stephanie R., and substituting therefor a provision finding that he derivatively neglected Stephanie R.; as so modified, the order of fact-finding and disposition is affirmed, without costs or disbursements.

As the father correctly contends, the Family Court erred in refusing to permit the mother to testify about...

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