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ESTATE OF M.D. v. STATE OF NEW YORK

2018-00978. Index No. 50841/17.

199 A.D.3d 754 (2021)

158 N.Y.S.3d 127

2021 NY Slip Op 06150

Estate of M.D. et al., Appellants, v. State of New York et al., Defendants, and Dutchess County et al., Respondents.

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

Decided November 10, 2021.

Attorney(s) appearing for the Case

Jonathan M. Cohen, LLC, New York, NY (The Maronne Law Firm, LLC [ Joseph Marrone ], of counsel), for appellants.

McCabe & Mack, LLP, Poughkeepsie, NY ( Kimberly Hunt Lee of counsel), for respondents Dutchess County, Dutchess County Department of Community and Family Services, Robert Allers, Alison Sterling, and Monica Balassone.

Cook, Netter, Cloonan, Kurtz & Murphy, P.C., Kingston, NY ( Michael T. Cook of counsel), for respondents Ulster County, Ulster County Department of Social Services, and Michael Iapoce.

Hinds-Radix, J.P., Brathwaite Nelson, Iannacci and Zayas, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Louis DeCosmo (hereinafter the father) and Katlin Wolfert (hereinafter the mother) are the parents of two children, M.D. and J.D., born in 2011 and 2013, respectively. The mother and the father, who is blind, lived together in Dutchess County until May 1, 2014, when they separated following an argument. The children remained in the home with the mother. On May 6, 2014, the...

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