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MATTER OF ROBERT

18 A.D.3d 871 (2005)

796 N.Y.S.2d 379

In the Matter of ROBERT D., a Child Alleged to be Neglected. DUTCHESS COUNTY DEPARTMENT OF SOCIAL SERVICES, Appellant; GILBERT D., SR., et al., Respondents. (Proceeding No. 1.) In the Matter of STEPHANIA D., a Child Alleged to be Neglected. DUTCHESS COUNTY DEPARTMENT OF SOCIAL SERVICES, Appellant; GILBERT D., SR., et al., Respondents. (Proceeding No. 2.) In the Matter of MARY D., a Child Alleged to be Neglected. DUTCHESS COUNTY DEPARTMENT OF SOCIAL SERVICES, Appellant; GILBERT D., SR., et al., Respondents. (Proceeding No. 3.) In the Matter of GILBERT D., a Child Alleged to be Neglected. DUTCHESS COUNTY DEPARTMENT OF SOCIAL SERVICES, Appellant; GILBERT D., SR., et al., Respondents. (Proceeding No. 4.) In the Matter of TABITHA D., a Child Alleged to be Neglected. DUTCHESS COUNTY DEPARTMENT OF SOCIAL SERVICES, Appellant; GILBERT D., SR., et al., Respondents. (Proceeding No. 5.)

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

May 31, 2005.

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

Contrary to the appellant's contention, it failed to prove by a preponderance of the evidence that one of the subject children was sexually abused by another as alleged and, therefore, that the respondent parents were chargeable with neglect for failing to protect against the same (see generally Matter of Nicole V., 71 N.Y.2d 112...

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