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MATTER OF GABRIEL JAMES M. ADMINISTRATION FOR CHILDREN'S SERVICES

59 A.D.3d 448 (2009)

872 N.Y.S.2d 670

In the Matter of GABRIEL JAMES M. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent, ANNE MARIE M., Appellant, et al. Respondent.

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

Decided February 3, 2009.

Ordered that the order dated July 27, 2007 is affirmed insofar as appealed from, without costs or disbursements; and it is further,

Ordered that the order dated August 31, 2007 is affirmed, without costs or disbursements.

Contrary to the mother's contention, the Family Court providently exercised its discretion in denying her application pursuant to Family Court Act § 1028 to return the subject child to her custody during the pendency of this proceeding...

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