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MATTER OF LATANYA C. COMMISSIONER OF NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES

37 A.D.3d 716 (2007)

830 N.Y.S.2d 746

In the Matter of LATANYA C. COMMISSIONER OF NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant; VAUGHN C. (Anonymous), Respondent. LARRY S. BACHNER, Law Guardian, Nonparty Appellant. (Proceeding No. 1.) In the Matter of DANIELLE C. COMMISSIONER OF NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant; VAUGHN C., Respondent. LARRY S. BACHNER, Law Guardian, Nonparty Appellant. (Proceeding No. 2.)

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

Decided February 20, 2007.

Ordered that the order is reversed, on the law, without costs or disbursements, the petitions are reinstated, and the matters are remitted to the Family Court, Queens County, for further proceedings before a different judge in accordance herewith.

The Family Court erred in dismissing the petitions in this case, involving the alleged sexual abuse of one child by her father and derivative sexual abuse of her sister, without completing the fact-finding hearing. "[D]ismissal...

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