Mugglin, J.
The issue presented on this appeal is whether Family Court properly granted summary judgment to petitioner in this Family Ct Act article 10 derivative neglect proceeding. While it is well established that Family Court is so authorized, summary judgment "remains a drastic procedural device which will be found appropriate only in those circumstances `when it has been clearly ascertained that there is no triable issue of fact outstanding; issue finding, rather...
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