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MATTER OF NYJAIAH M.

2640

72 A.D.3d 567 (2010)

899 N.Y.S.2d 53

In the Matter of NYJAIAH M. and Others, Children Alleged to be Neglected. HERBERT M., Respondent; NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant.

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

Decided April 27, 2010.

The petitions at issue were supported by evidence sufficient to establish a prima facie case of derivative neglect. Family Court erred in concluding that the 2004 fact-finding, that respondent had over the course of four years sexually abused his older daughter, could not serve as a basis for a finding of derivative neglect warranting the removal of his three young daughters from his care. The 2004 fact-finding was based on respondent...

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