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MATTER OF LAWRENCE KK.

507151.

72 A.D.3d 1233 (2010)

898 N.Y.S.2d 339

In the Matter of LAWRENCE KK., a Child Alleged to be Permanently Neglected. ALBANY COUNTY DEPARTMENT FOR CHILDREN, YOUTH AND FAMILIES, Respondent; LAWRENCE LL., Appellant.

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

Decided April 8, 2010.

LAHTINEN, J.

In June 2006, petitioner sought, pursuant to Social Services Law § 398, to have Family Court declare as destitute the subject child, who was born in 2003 and has Down syndrome. The child's mother had died in 2006. The maternal grandmother took temporary custody, but had been unable to care for the child. Respondent, the child's father, had been incarcerated since December 2004 on convictions for drug-related crimes in

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