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MATTER OF N.V.

Docket Nos. N17500/19, N175101/19, N175102/19. Appeal No. 15499-15500. Case Nos. 2021-00962, 2021-03096.

203 A.D.3d 529 (2022)

161 N.Y.S.3d 769

2022 NY Slip Op 01757

In the Matter of N.V. and Others, Children Alleged to be Neglected. Bethsaida C., Appellant; Administration for Children's Services, Respondent, et al., Respondent.

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

Decided March 15, 2022.

Attorney(s) appearing for the Case

Carol L. Kahn , New York, for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Jonathan A. Popolow of counsel), for Administration for Children's Services, respondent.

Dawne A. Mitchell , The Legal Aid Society, New York ( Raymond E. Rogers of counsel)., attorney for the child for N.V.

Concur—Webber, J.P., Moulton, Kennedy, Mendez, Pitt, JJ.

This neglect proceeding arose when the then 13-year-old subject child's stepfather, respondent Julio B., allegedly engaged in an exchange of electronic messages which appeared to involve discussion of soliciting oral sex from her and threats of rape or harm to the mother. When the subject child told the mother about the sexual advances, the mother initially reported it to authorities, but she later accepted the stepfather's claim that the matter was just a "misunderstanding...

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