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MATTER OF LUCY T.

14183, 14182, 14181, 14180.

125 A.D.3d 466 (2015)

In the Matter of LUCY T. and Others, Children Alleged to be Abused and/or Neglected. COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK, Appellant-Respondent; LUZ M., Respondent-Appellant; RAFAEL A., Respondent. In the Matter of LUCY T. and Others, Children Alleged to be Abused and/or Neglected. COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK, Appellant-Respondent; LUZ M., Respondent-Appellant, et al., Respondent.

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

Decided February 10, 2015.

Family Court properly found that respondent Rafael A., the mother's boyfriend, was a legally responsible person who abused Lucy T., and, respectively, neglected and derivatively neglected her and the other four children (see Matter of Yolanda D., 88 N.Y.2d 790, 796 [1996]). However, it should have further found that Rafael also derivatively abused the other four children (see Matter of Christina G. [Vladimir G.],

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