MATTER OF AFTON C.

2009-02498.

71 A.D.3d 887 (2010)

896 N.Y.S.2d 465

In the Matter of AFTON C., a Child Alleged to be Neglected. DUTCHESS COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; JAMES C. et al., Appellants. (Proceeding No. 1.) In the Matter of KATY C., a Child Alleged to be Neglected. DUTCHESS COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; JAMES C. et al., Appellants. (Proceeding No. 2.) In the Matter of OSTYN C., a Child Alleged to be Neglected. DUTCHESS COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; JAMES C. et al., Appellants. (Proceeding No. 3.) In the Matter of PRESTYN C., a Child Alleged to be Neglected. DUTCHESS COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; JAMES C. et al., Appellants. (Proceeding No. 4.) In the Matter of TREVOR C., a Child Alleged to be Neglected. DUTCHESS COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; JAMES C. et al., Appellants. (Proceeding No. 5.)

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

Decided March 16, 2010.


Ordered that the order is reversed, on the law, without costs or disbursements, the petitions are denied, and the proceedings are dismissed.

The petitioner Dutchess County Department of Social Services (hereinafter DSS) filed neglect petitions pursuant to Family Court Act article 10 against the father and the mother alleging that the father was an "untreated" level three sex offender

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