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IN THE MATTER OF ROSY S. ADMINISTRATION FOR CHILDREN'S SERVICES v. IVELISSE

54 A.D.3d 377 (2008)

863 N.Y.S.2d 65

In the Matter of ROSY S. ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant; v. IVELISSE T., Respondent. (Proceeding No. 1.) In the Matter of MARCOS S. JR., ADMINSTRATION FOR CHILDREN'S SERVICES, Appellant; v. IVELISSE T., Respondent. (Proceeding No. 2.)

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

August 12, 2008.

Ordered that the order is reversed, on the law, without costs or disbursements, the mother's application for the return of the subject children is denied, and the matter is remitted to the Family Court, Kings County, for further proceedings consistent herewith.

At issue here is whether the Family Court properly concluded, after a hearing pursuant to Family Court Act § 1028, that return of the subject children to the...

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