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IN THE MATTER OF ELIJAH NN.

20 A.D.3d 728 (2005)

798 N.Y.S.2d 252

In the Matter of ELIJAH NN., a Child Alleged to be Permanently Neglected. OTSEGO COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; JOY NN., Appellant, et al., Respondent.

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

July 14, 2005.

Kane, J.

Respondents Joy NN. (hereinafter respondent) and McKinley NN. are the parents of Elijah NN. (born in 1999). The child was removed from respondents' custody in January 2002 after he was exposed to domestic violence by both parents. Respondent was granted an adjournment in contemplation of dismissal (hereinafter ACD) on the related neglect petition. In September 2003, petitioner commenced this termination proceeding based on permanent neglect. Following fact...

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