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MATTER OF SHI'ANN FF.

47 A.D.3d 1133 (2008)

850 N.Y.S.2d 678

In the Matter of SHI'ANN FF., a Child Alleged to be Permanently Neglected. RENSSELAER COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; WELLING GG., Appellant.

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

Decided January 24, 2008.

Mercure, J.P.

In 2002, petitioner removed the subject child (born in 2000) from her mother's custody and placed the child in foster care after the mother admitted smoking crack cocaine in the presence of the child, and then was arrested and incarcerated. Respondent, the child's father, was also incarcerated at that time and remained so until December 2006. Notwithstanding his incarceration, it is undisputed that respondent maintained contact

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