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MATTER OF XAVIER

509958.

81 A.D.3d 1222 (2011)

917 N.Y.S.2d 740

In the Matter of XAVIER II., a Child Alleged to be Neglected. SULLIVAN COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; RAHIEM II., Appellant.

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

Decided February 24, 2011.

GARRY, J.

Respondent is the father of a son (born in 2004) and a daughter (born in 2007). In November 2009, the son told his teacher that respondent had struck him with a belt. After a child protective investigation, petitioner commenced this neglect proceeding alleging that respondent used excessive corporal punishment.* Family Court conducted a fact-finding hearing at which respondent testified that on a single occasion he struck his...

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