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MATTER OF RILEY SS.

510867.

90 A.D.3d 1179 (2011)

933 N.Y.S.2d 923

2011 NY Slip Op 8860

In the Matter of RILEY SS. and Another, Children Alleged to be Permanently Neglected. DELAWARE COUNTY DEPARTMENT OF SOCIAL SERVICES, Appellant; RICHARD SS., Respondent. (And Another Related Proceeding.)

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

Decided December 8, 2011.

MALONE JR., J.

In August 2009, petitioner commenced this proceeding seeking to adjudicate the subject children to be permanently neglected and terminate respondent's parental rights, alleging that, for a period of one year during which the children were in petitioner's care, respondent had failed to substantially and continuously plan for the children's future. Family Court granted respondent's motion to dismiss the petition, finding that the children had not been...

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