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MATTER OF CEAWANYA W.

8412.

100 A.D.3d 406 (2012)

953 N.Y.S.2d 496

In the Matter of CEAWANYA W. and Others, Children Alleged to be Neglected and/or Abused. PRESTON B., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

November 8, 2012.

The court erred in finding that respondent was legally responsible for the care of the children (see Family Ct Act § 1012 [a]). The record shows that the children were at all times in the care of their adoptive parents, including when the abuse and neglect took place. Further, there was no evidence that respondent, the grandson of the adoptive parents, acted as the functional equivalent of the children's parent at the...

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