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MATTER OF IVEN J.E.

2020-00730. Docket Nos. N-16631-19, N-16632-19, N-16633-19.

190 A.D.3d 851 (2021)

138 N.Y.S.3d 615

2021 NY Slip Op 00309

In the Matter of Iven J.E. Administration for Children's Services, Respondent; Yana J., Appellant, et al., Respondent. (Proceeding No. 1.) In the Matter of Alexander J.E. Administration for Children's Services, Respondent; Yana J., Appellant, et al., Respondent. (Proceeding No. 2.) In the Matter of Zeus J.E. Administration for Children's Services, Respondent; Yana J., Appellant, et al., Respondent. (Proceeding No. 3.)

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

Decided January 20, 2021.

Attorney(s) appearing for the Case

Elliot Green , Brooklyn, NY, for respondent-appellant.

James E. Johnson , Corporation Counsel, New York, NY ( Richard Dearing and Julia Bedell of counsel), for petitioner-respondent.

Jacqueline Cabrera , Jamaica, NY, attorney for the children.

Austin, J.P., Barros, Connolly and Iannacci, JJ., concur.

Ordered that the order is reversed, on the law and the facts, without costs or disbursements, and the mother's application pursuant to Family Court Act § 1028 for the return of the subject children to the mother's custody is granted.

In August 2019, the petitioner commenced neglect proceedings against the mother and the father, in response to allegations that the father had slapped and choked the mother in the presence of their three young children. As a result...

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