IN THE MATTER OF RICHARD SS.


55 A.D.3d 1001 (2008)

In the Matter of RICHARD SS., a Child Alleged to be Abused and/or Neglected. SCHENECTADY COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; TAMMY TT., Appellant.

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

October 16, 2008.


Spain, J.

Petitioner commenced this severe abuse and neglect proceeding against respondent in July 2004 alleging that she had regularly engaged in sexual acts with a 16-year-old foster child in her care over the period of September 3, 2003 through June 2004. At the fact-finding hearing, Family Court granted respondent's motion to dismiss the petition—after petitioner's presentation of proof—finding the child...

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