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IN THE MATTER OF JONATHAN S.

CAF 07-00608, CAF 07-00636.

2008 NY Slip Op 06057

IN THE MATTER OF JONATHAN S. CATTARAUGUS COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; and CRYSTAL L. AND JAMES S., RESPONDENTS-APPELLANTS.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided July 3, 2008.

Attorney(s) appearing for the Case

D.J. & J.A. CIRANDO, ESQS., SYRACUSE (ELIZABETH deV. MOELLER OF COUNSEL), FOR RESPONDENT-APPELLANT JAMES S.

BONITA J. STUBBLEFIELD, PIFFARD, FOR RESPONDENT-APPELLANT CRYSTAL L.

STEPHEN J. RILEY, OLEAN, FOR PETITIONER-RESPONDENT.

FERN S. ADELSTEIN, LAW GUARDIAN, OLEAN, FOR JONATHAN S.

PRESENT: CENTRA, J.P., LUNN, FAHEY, PERADOTTO, AND GORSKI, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent parents appeal from an order adjudicating their son to be a neglected child. Contrary to the parents' contention, Family Court's determination that the child was derivatively neglected is supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]). With respect to the mother, the court properly relied upon evidence establishing...

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