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MATTER OF DOE

47 A.D.3d 283 (2007)

848 N.Y.S.2d 407

In the Matter of JANE DOE and Others, Children Alleged to be Abused and/or Neglected. ALBANY COUNTY DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES, Respondent; FRANCIS TT., Appellant.

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

December 20, 2007.

Attorney(s) appearing for the Case

Paul J. Connolly, Delmar, for appellant.

Jeffrey G. Kennedy, Albany County Department for Children, Youth & Families, Albany, for respondent.

Charles J. Keegan, Albany, Law Guardian.

CREW III, J.P., PETERS, CARPINELLO and MUGGLIN, JJ., concur.

OPINION OF THE COURT

SPAIN, J.

In October 2004, petitioner commenced this Family Ct Act article 10 proceeding against respondent alleging that he had sexually abused the then 10-year-old daughter (hereinafter the girl) of his girlfriend on September 26, 2004 while the girl was in his care, and that she was an abused and/or neglected child. The petition alleged that the three other children in the home— the two children of respondent and his girlfriend...

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