IN THE MATTER OF ANTHONY J. v. DAVID K.


70 A.D.3d 1220 (2010)

895 N.Y.S.2d 245

In the Matter of ANTHONY J., Respondent, v. DAVID K., Appellant, and DENISE K., Respondent.

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

Decided February 18, 2010.


Garry, J.

Petitioner, who is incarcerated, is the biological father of two of the three children in this proceeding (born 1999 and 2001). Respondent Denise K. (hereinafter the mother) is the mother of all three children and is married to respondent David K. (hereinafter the stepfather), who is the biological father of the third child (born in 2006). Petitioner filed a family offense petition alleging that the stepfather had choked and assaulted one of petitioner's...

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