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IN THE MATTER OF JOSE Q.

58 A.D.3d 956 (2009)

872 N.Y.S.2d 567

In the Matter of JOSE Q., Alleged to be a Permanently Neglected Child. RENSSELAER COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; JOSE R., Appellant.

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

January 15, 2009.

Malone Jr., J.

Respondent is the biological father of Jose Q. (born in 1998). He resided with the child from the child's birth until January 2002, when respondent was incarcerated. In September 2002, the child's mother placed the child in petitioner's custody under a voluntary placement agreement and, in December 2002, his placement was extended by means of a protective removal. Following a trial discharge to his mother in December 2005, the child was again returned...

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