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IN THE MATTER OF DUSTIN

57 A.D.3d 1480 (2008)

870 N.Y.S.2d 670

In the Matter of DUSTIN P., an Infant. ONEIDA COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; RICHARD P., Appellant, et al., Respondents.

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

December 31, 2008.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent father appeals from an order adjudicating his son to be a neglected child. Contrary to the contention of the father, Family Court properly denied his motion to dismiss the second amended petition at the close of petitioner's proof inasmuch as petitioner established a prima facie case of neglect by presenting...

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