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MATTER OF BRIANY T.

Docket No. NA-08578-83/20. Appeal No. 15098-15098A. Case No. 2021-00811.

202 A.D.3d 408 (2022)

161 N.Y.S.3d 79

2022 NY Slip Op 00629

In the Matter of Briany T., and Others, Children Alleged to be Abused. Justino G., Appellant; Administration for Children's Services, Petitioner.

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

Decided February 1, 2022.

Attorney(s) appearing for the Case

The Bronx Defenders, Bronx ( Shanee Brown of counsel), for appellant.

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

Concur—Manzanet-Daniels, J.P., Gische, Kern, Mazzarelli, Gesmer, JJ.

Respondent seeks disclosure of records relating to the prior and current mental health treatment of the 13-year-old child who reported that he sexually abused her, claiming that those records are material and necessary to his defense that the child is fabricating her allegations. Respondent refers to notations in the Administration for Children's Services (ACS) case records that indicate that when the child was approximately four...

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