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MATTER OF JAMES S.

511047.

90 A.D.3d 1099 (2011)

934 N.Y.S.2d 559

2011 NY Slip Op 8695

In the Matter of JAMES S. and Others, Children Alleged to be Neglected. SCHOHARIE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; ANNEMARIE R., Appellant.

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

Decided December 1, 2011.

MERCURE, J.P.

Petitioner commenced the underlying Family Court article 10 proceeding alleging that respondent neglected her three children, James S. and Mercedes S. (born in 2006) and Brittany R. (born in 1997). In July 2009, the parties agreed to an adjournment in contemplation of dismissal (hereinafter ACD) (see Family Ct Act § 1039). Among other things, the ACD directed respondent to comply with the terms of an order of protection requiring that she...

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