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MATTER OF TOUSSAINT T.E.

Docket No. B-40381/16. Appeal No. 12549. Case No. 2019-4564.

189 A.D.3d 432 (2020)

133 N.Y.S.3d 442

2020 NY Slip Op 07271

In the Matter of Toussaint T. E., a Child Alleged to be Abandoned. Allen E., Appellant; The Children's Village, Respondent.

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

Decided December 3, 2020.

Attorney(s) appearing for the Case

Tennille M. Tatum-Evans , New York, for appellant.

Dawne A. Mitchell , The Legal Aid Society, New York ( Judith Stern of counsel), attorney for the child.

Concur—Friedman, J.P., Kapnick, Gesmer, Kern, Shulman, JJ.

The order finding that respondent abandoned the child and terminating his parental rights to the child was affirmed by this Court before the return date of respondent's motion to vacate the order (Matter of Toussaint Thoreau E. [Allen E.], 170 A.D.3d 551 [1st Dept 2019]). As the appeal resolved all the issues that respondent had raised in his motion, the doctrine of law of the case precluded Family Court from entertaining the motion (Massey v Byrne, ...

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