IN THE MATTER OF DANA XX


28 A.D.3d 1025 (2006)

814 N.Y.S.2d 760

In the Matter of DANA XX. and Others, Children Alleged to be Neglected. BROOME COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; STEPHANIE XX., Respondent. BRIAN YY., Appellant.

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

April 27, 2006.


Spain, J.

The children who are the subject of the underlying Family Ct Act article 10 proceeding were born to respondent (hereinafter the mother) in 1993, 1995 and 1997. The mother and Brian YY., a nonparty, have a child together who is not the subject of this appeal. Petitioner filed a neglect petition against the mother, alleging, among other things, domestic violence and substance abuse by Brian YY. in the home. Family Court sustained the petition but suspended...

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