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MATTER OF MARC D. v. FULTON COUNTY DEPARTMENT OF SOCIAL SERVICES

507248.

79 A.D.3d 1534 (2010)

912 N.Y.S.2d 917

In the Matter of MARC D., Appellant, v. FULTON COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent.

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

Decided December 30, 2010.

PETERS, J.

In June 2007, petitioner consented to a finding of neglect and the entry of a stay away order of protection in favor of Maria C., the minor child of his then girlfriend. A subsequent violation proceeding was adjourned in contemplation of dismissal with petitioner specifically waiving any right to modify or seek expungement of the underlying order of protection. Petitioner thereafter twice moved to reopen/vacate the order of fact-finding and disposition...

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