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MATTER OF AUSTIN D.

63 A.D.3d 1215 (2009)

880 N.Y.S.2d 217

In the Matter of AUSTIN D. and Others, Children Alleged to be Neglected. CLINTON COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; MELISSA D., Appellant. (And Another Related Proceeding.)

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

Decided June 4, 2009.

Lahtinen, J.

Respondent Melissa D. is the mother of three children (born in 1994, 2006 and 2007). Respondent Wayne G. is the father of the two youngest children. After the two youngest children were each born with positive toxicologies for marihuana, petitioner commenced neglect proceedings in January 2008 as to both respondents. The petition as to the mother also included allegations of neglect, occurring in 2003 and 2004 regarding her oldest child, Austin D. Following...

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