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IN THE MATTER OF BRITTANY T.

15 Misc.3d 606 (2007)

835 N.Y.S.2d 829

In the Matter of BRITTANY T., a Child Alleged to be Neglected. SHAWNA T. et al., Respondents.

Family Court, Chemung County.

February 23, 2007.

Attorney(s) appearing for the Case

Weeden Wetmore, County Attorney, Elmira (Peter Finnerty and Scott Fierro of counsel), for Chemung County Department of Social Services, petitioner.

Steven Roe, Elmira, for Shawna T., respondent.

Joshua Navone, Elmira, for Robert T., respondent.

Sullivan Trail Legal Services, Elmira (Louise Johns of counsel), Law Guardian.

OPINION OF THE COURT

DAVID M. BROCKWAY, J.

This court is called upon to once again ultimately determine whether it is in the best interest of a morbidly obese child, who also suffers from numerous comorbidities, to be removed from parents who have consistently failed to address her severe medical concerns and who have also failed to ensure her proper school attendance. No reported case law exists in New York on this issue. For the reasons set forth below...

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