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MATTER OF MARIAH B.

10656.

178 A.D.3d 622 (2019)

115 N.Y.S.3d 288

2019 NY Slip Op 09377

In the Matter of Mariah B. and Another, Children Alleged to be Neglected and Abused. Nigel M., Appellant; Commissioner of Social Services of the City of New York, Respondent.

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

Decided December 26, 2019.

Attorney(s) appearing for the Case

Steven N. Feinman , White Plains, for appellant.

Georgia M. Pestana , Acting Corporation Counsel, New York ( Susan Paulson of counsel), for respondent.

Dawne A. Mitchell , The Legal Aid Society, New York ( Amy Hausknecht of counsel), attorney for the children.

Concur—Friedman, J.P., Webber, Kern, Moulton, JJ.

The record supports Family Court's determination that, at the relevant times, respondent was a person legally responsible for the children, because he had resided in the home with them for two years, cared for them and assumed other household and parental duties (see Matter of Yolanda D., 88 N.Y.2d 790 [1996]; Matter of Christopher W., 299 A.D.2d 268 [1st Dept 2002]). His contention that...

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