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MATTER OF AUSTIN C. ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES

2009-02945.

77 A.D.3d 938 (2010)

909 N.Y.S.2d 546

In the Matter of AUSTIN C. ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; ALICIA Y., Appellant, et al., Respondent. (Proceeding No. 1.) In the Matter of BRITNEY Y. ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; ALICIA Y., Appellant, et al., Respondent. (Proceeding No. 2.) In the Matter of TAYLOR C. ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; ALICIA Y., Appellant, et al., Respondent. (Proceeding No. 3.)

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

Decided October 26, 2010.

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

The petitioner commenced these proceedings, inter alia, to terminate the mother's parental rights, alleging that the children were permanently neglected. By proceeding on this ground, the petitioner was obligated to prove, by clear and convincing evidence, that the mother...

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