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MATTER OF SETH Z.

45 A.D.3d 1208 (2007)

846 N.Y.S.2d 729

In the Matter of SETH Z., a Child Alleged to be Neglected. WARREN COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; DIANE Z., Respondent. DODY AA. et al, Appellants. (Proceeding No. 1.) In the Matter of DODY AA. et al., Appellants, v. DIANE Z. et al., Respondents. (Proceeding No. 2.)

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

Decided November 29, 2007.

Carpinello, J.

The child who is the subject of these proceedings was removed from his mother's care under the emergency removal procedures outlined under Family Ct Act § 1024 and placed in a certified foster home. One day later, the Warren County Department of Social Services (hereinafter the Department) commenced a neglect proceeding against the mother, who was then incarcerated, based on allegations that she was using and selling drugs out of a hotel room where...

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