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MATTER OF ALICIA EE.

507111.

72 A.D.3d 1155 (2010)

899 N.Y.S.2d 380

In the Matter of ALICIA EE., a Child Alleged to be a Severely Abused. ALBANY COUNTY DEPARTMENT FOR CHILDREN, YOUTH AND FAMILIES, Respondent; ADAM FF., Appellant.

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

Decided April 1, 2010.

Lahtinen, J.

Respondent is the father of Alicia EE. (born in 2003) and, in September 2008, Family Court found the child was abused by virtue of respondent's conduct toward her that had resulted in his conviction of assault in the second degree and aggravated assault on a person less than 11 years old. In its order, Family Court also relieved petitioner of its diligent efforts obligation. Thereafter, petitioner moved for summary judgment in its separate proceeding...

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