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IN THE MATTER OF HALL v. ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES

30 A.D.3d 423 (2006)

816 N.Y.S.2d 555

In the Matter of JASMINE HALL, Respondent, v. ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent, and KEVIN MAYS, Appellant.

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

June 6, 2006.

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

The Family Court properly awarded custody of the two subject children to the mother. Contrary to the father's contention, the mother was not required to show a change of circumstances warranting a change in custody, because the father no longer had custody of the children due to the children's placement with the Orange County Department of Social Services as a result of the father's incarceration...

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