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MATTER OF KATE

59 A.D.3d 873 (2009)

873 N.Y.S.2d 375

IN THE MATTER OF MARY KATE VV. and Another, Children Alleged to be Neglected. ULSTER COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; DENNIS VV., Appellant.

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

Decided February 26, 2009.

ROSE, J.

In 2002, petitioner filed a neglect petition against respondent. In 2004, following a hearing, Family Court (Mizel, J.) found that respondent had neglected his children by inflicting excessive corporal punishment and issued a permanent order of protection. On appeal, we concluded that Family Court had failed to fully advise respondent of his statutory right to counsel and we remitted the matter for a new fact-finding hearing (25 A.D.3d 882...

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