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MATTER OF RACHEL D.

5025.

157 A.D.3d 638 (2018)

67 N.Y.S.3d 472

2018 NY Slip Op 00517

In the Matter of RACHEL D. and Another, Infants. ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant; SANDY D., Respondent, et al., Respondent.

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

Decided January 30, 2018.

The court's determination lacks a sound and substantial basis in the record, which shows that visitation with the mother would not be in the children's best interests (see Matter of Tristram K., 25 A.D.3d 222, 228 [1st Dept 2005]). The court erroneously found that no visitation had occurred since 2012, overlooking a supervised therapeutic visit that took place in December 2013, which, in particular, caused the older child to suffer...

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