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MATTER OF TONY H.

1647, 1647A

68 A.D.3d 439 (2009)

2009 NY Slip Op 8962

890 N.Y.S.2d 492

In the Matter of TONY H. and Another, Infants. GWENDOLYN H., Appellant. NEW ALTERNATIVES FOR CHILDREN, INC., Respondent.

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

Decided December 3, 2009.

A preponderance of the evidence supports the court's finding, based in part upon its unassailable credibility determinations (see Matter of Kairi Jazlyn F., 50 A.D.3d 602 [2008]), that there were several instances of respondent's violation of the suspended judgment. In any event, contrary to respondent's argument, her failure to submit to the required random drug testing was a material...

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