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MATTER OF GABRIEL W. ADMINISTRATION FOR CHILDREN'S SERVICES

2014-01602, (Docket Nos. N-6210-11, N-6211-11)

130 A.D.3d 742 (2015)

11 N.Y.S.3d 879

2015 NY Slip Op 05952

In the Matter of GABRIEL W. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; STEVEN C., Appellant. (Proceeding No. 1.) In the Matter of HUNTER W. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; STEVEN C., Appellant. (Proceeding No. 2.)

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

Decided July 8, 2015.

Ordered that the corrected order of fact-finding and disposition is affirmed, without costs or disbursements.

Contrary to the father's contention, the Family Court was entitled to draw a negative inference against him based upon his failure to testify at the fact-finding hearing (see Baxter v Palmigiano, 425 U.S. 308, 318 [1976]; Matter of Nassau County Dept. of Social Servs. v Denise J., 87 N.Y.2d 73...

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