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MATTER OF ANNY A.

5088, 112741/09.

84 A.D.3d 587 (2011)

923 N.Y.S.2d 465

In the Matter of ANNY A. and Another, Infants. SUSAN A., Respondent. ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant.

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

Decided May 17, 2011.

Petitioner agency failed to demonstrate that the return of the children posed an imminent risk to their lives or health (see Family Ct Act § 1028 [a]; see also Matter of Kenneth L., 209 A.D.2d 352 [1994]). Family Court providently exercised its discretion in weighing the harm inflicted on the children by their continued placement in separate foster homes against the harm of returning them to their mother's care and placing...

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