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IN THE MATTER OF XAVIER II.

58 A.D.3d 898 (2009)

872 N.Y.S.2d 561

In the Matter of XAVIER II. and Others, Children Alleged to be Neglected. BROOME COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; ANNA JJ., Appellant, et al., Respondent.

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

January 8, 2009.

Rose, J.

Respondent Anna JJ. (hereinafter the mother) has three children (born in 2003, 2005 and 2006), the two youngest of whom were fathered by her paramour, respondent Clyde II. Alleging that ongoing domestic violence and untreated substance abuse in the home of this couple presented an imminent risk of harm, petitioner sought temporary removal of the youngest child immediately after his birth in July 2006. Family Court granted petitioner's application and, following...

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