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IN THE MATTER OF NICHOLAS W.

CAF 10-02105.

2011 NY Slip Op 09694

IN THE MATTER OF NICHOLAS W., TYLER W., AND ETHAN W. ONTARIO COUNTY DEPARTMENT OF SOCIAL SERVICES CHILD PROTECTIVE UNIT, PETITIONER-RESPONDENT; AND RAYMOND W., RESPONDENT-APPELLANT.

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

Decided December 30, 2011.

Attorney(s) appearing for the Case

SHIRLEY A. GORMAN , BROCKPORT, FOR RESPONDENT-APPELLANT.

JOHN W. PARK , COUNTY ATTORNEY, CANANDAIGUA ( HOLLY A. ADAMS OF COUNSEL), FOR PETITIONER-RESPONDENT.

CHARLES R. PETERS , ATTORNEY FOR THE CHILD, IONIA, FOR NICHOLAS W.

PRESENT: SCUDDER, P.J., SMITH, GREEN, GORSKI, AND MARTOCHE, JJ.

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, petitioner's motion is denied and the matter is remitted to Family Court, Ontario County, for further proceedings in accordance with the following Memorandum: Petitioner commenced this proceeding pursuant to Family Court Act article 10 alleging that respondent father neglected his oldest son and derivatively neglected two other children because he struck his oldest son in...

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