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IN THE MATTER OF AFTON C.

No. 69

17 N.Y.3d 1 (2011)

In the Matter of AFTON C., a Child Alleged to be Neglected. DUTCHESS COUNTY DEPARTMENT OF SOCIAL SERVICES, Appellant; JAMES C. et al., Respondents. (And Four Other Proceedings.)

Court of Appeals of New York.

Decided May 5, 2011.

Attorney(s) appearing for the Case

James Fedorchak , County Attorney, Poughkeepsie ( Laura Gail Skojec of counsel), for appellant.

Ronna L. DeLoe , Mamaroneck, Attorney for the Child Trevor C.

James C. , respondent pro se.

Farber Pappalardo & Carbonari, White Plains ( John A. Pappalardo of counsel), Attorney for the Children Afton C. and others.

New York Civil Liberties Union Foundation, New York City ( Andrew L. Kalloch , Corey Stoughton , Christopher Dunn and Arthur Eisenberg of counsel), for New York Civil Liberties Union, amicus curiae.

Donald S. Thomson , Elmira, and David A. Kagle , for Chemung County Department of Social Services, amicus curiae.

Alan P. Reed , County Attorney, Bath ( Ruth A. Chaffee of counsel), for Steuben County Department of Social Services, amicus curiae.

Morrison & Foerster LLP, New York City ( Matthew M. D'Amore of counsel) and Lawyers for Children, Inc. ( Betsy Kramer of counsel) for Lawyers for Children, amicus curiae.

Stephen M. Dorsey , County Attorney, Ballston Spa ( Karen E.S. D'Andrea of counsel), and Roger A. Wickes , County Attorney, Fort Edward ( Daniel S. Martindale of counsel), for Saratoga County Department of Social Services and another, amici curiae.

Chief Judge LIPPMAN and Judges READ, SMITH, PIGOTT and JONES concur with Judge CIPARICK; Judge GRAFFEO concurs in result in a separate opinion.

OPINION OF THE COURT

CIPARICK, J.

On this appeal, we consider whether there is sufficient evidence to support a finding that the subject children are neglected pursuant to article 10 of the Family Court Act. We agree with the Appellate Division that the evidence presented is insufficient to prove neglect.

In October 2007, respondent father pleaded guilty to rape in the second degree, engaging in sexual intercourse with a person less than 15 years...

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