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MATTER OF BENJAMIN VV.

512357.

92 A.D.3d 1107 (2012)

939 N.Y.S.2d 588

2012 NY Slip Op 1164

In the Matter of BENJAMIN VV. and Others, Children Alleged to be Neglected. OTSEGO COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; LARRY VV., Appellant.

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

Decided February 16, 2012.

STEIN, J.

Respondent is the divorced father of Benjamin VV. (born in 1996), Maxwell VV. (born in 1998) and Samuel VV. (born in 2001), who were living with him at all relevant times herein. One evening, after Benjamin struck Samuel, Benjamin and respondent became involved in an altercation during which Benjamin sustained an injury to his eye. Petitioner was notified of the incident and thereafter commenced this neglect proceeding

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