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MATTER OF XAVIER J. ADMINISTRATION FOR CHILDREN'S SERVICES OF THE CITY OF NEW YORK

47 A.D.3d 815 (2008)

849 N.Y.S.2d 648

In the Matter of XAVIER J. ADMINISTRATION FOR CHILDREN'S SERVICES OF THE CITY OF NEW YORK, Appellant; FRANCESCA J. et al., Respondents.

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

Decided January 22, 2008.

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, without costs or disbursements, and the subject child shall remain in the custody of the petitioner pending final determination of the neglect petition.

The petition alleges that the mother derivatively neglected the subject child, an infant born in June 2007, based upon...

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