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IN THE MATTER OF RAY A.

30 A.D.3d 410 (2006)

817 N.Y.S.2d 328

In the Matter of RAY A., JR. ST. VINCENT'S SERVICES, Respondent; MARILYN R. et al., Respondents. STEVEN BANKS, Law Guardian, Nonparty Appellant.

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

June 6, 2006.

Ordered that the order of disposition and the order dated April 18, 2005 are affirmed insofar as appealed from, without costs or disbursements.

To terminate parental rights based upon permanent neglect, the petitioning agency must establish, by clear and convincing evidence, that the parents failed, for a period of more than one year following the date the child came into care, "substantially and continuously or repeatedly to maintain contact with or plan for the...

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