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MATTER OF TATIANNA C.

2020-01450. Docket Nos. N-16935-18, N-16936-18, N-16937-18.

195 A.D.3d 1014 (2021)

146 N.Y.S.3d 801

2021 NY Slip Op 04130

In the Matter of Tatianna C. Administration for Children's Services, Respondent; James C., Appellant. (Proceeding No. 1.) In the Matter of Elijah C. Administration for Children's Services, Respondent; James C., Appellant. (Proceeding No. 2.) In the Matter of Daniel C. Administration for Children's Services, Respondent; James C., Appellant. (Proceeding No. 3.)

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

Decided June 30, 2021.

Attorney(s) appearing for the Case

Nicole Barnum , New York, NY, for appellant.

Georgia M. Pestana , Acting Corporation Counsel, New York, NY ( Jane L. Gordon and Nwamaka Ejebe of counsel), for respondent.

Janet E. Sabel , New York, NY ( Dawne A. Mitchell and Riti P. Singh of counsel), attorney for the child Tatianna C.

Tennille M. Tatum-Evans , New York, NY, attorney for the children Elijah C. and Daniel C.

Rivera, J.P., Hinds-Radix, Miller and Wooten, JJ., concur.

Ordered that the order of fact-finding is modified, on the law, by deleting the provision thereof finding that the father neglected the subject children by his use of marijuana resulting in physical and emotional harm to the children; as so modified, the order of fact-finding is affirmed, without costs or disbursements.

In August 2018, the Administration for Children's Services (hereinafter ACS) commenced these proceedings pursuant to Family Court Act article 10 alleging...

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