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MATTER OF ANJANNE J.

44 A.D.3d 407 (2007)

843 N.Y.S.2d 248

In the Matter of ANJANNE J., a Child Alleged to be Neglected. ANTHONY J., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

Decided October 11, 2007.

It is not legally possible to find abuse of a child by a person who is not legally responsible for the child's care (Family Ct Act § 1012 [a]; see Matter of R./C. Children, 303 A.D.2d 172 [2003]). Therefore, as petitioner concedes, Family Court's unchallenged finding that appellant is not a person legally responsible for the half sister's care precluded its concurrent finding that he had abused her, and requires reversal of...

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