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IN THE MATTER OF JELANI B. v. MARLON B.

2008-00170

2008 NY Slip Op 07240

IN THE MATTER OF JELANI B. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, petitioner; and MARLON B. (ANONYMOUS), respondent-respondent; ALLAN D. SHAFTER, nonparty-appellant. (Proceeding No. 1) IN THE MATTER OF CHANIKA B. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, petitioner; MARLON B. (ANONYMOUS), respondent-respondent; ALLAN D. SHAFTER, nonparty-appellant. (Proceeding No. 2) (Docket Nos. N-2269-06, N-02270-06)

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

Allan D. Shafter, Port Washington, N.Y., attorney for the children, nonparty-appellant pro se.

Austin Idehen, Jamaica, N.Y., for respondent-respondent.

Before: William F. Mastro, J.P., Peter B. Skelos, Joseph Covello, John M. Leventhal, JJ.

DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

With regard to the allegation of sexual abuse, the petitioner submitted evidence to the effect that, on an unspecified date, the subject children and the respondent father were lying on a bed together watching television, and the child Chanika B. fell asleep. She awoke some time thereafter to find the father's hand on her buttocks. She testified...

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