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MATTER OF DIANA N.

34 A.D.3d 1058 (2006)

825 N.Y.S.2d 557

In the Matter of DIANA N. and Others, Children Alleged to be Neglected. CLINTON COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; RAYMOND N., Appellant.

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

Decided November 22, 2006.

Mercure, J.

Respondent is the father and custodial parent of three children, Diana N. (born in 1989), Jeffrey N. (born in 1995) and Nikita N. (born in 1998). In July 2001, respondent admittedly kicked Diana in the shin, causing pain, swelling, bruising and an abrasion. That incident, which was investigated by Clinton County Child Protective Services and indicated against him for inadequate guardianship of Diana, forms the basis for petitioner's allegations of neglect...

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