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MATTER OF TUMARI W.

65 A.D.3d 1357 (2009)

885 N.Y.S.2d 753

In the Matter of TUMARI W., an Infant. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; LYNELL W., Appellant; ANDRE M., Nonparty Respondent.

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

Decided September 29, 2009.

Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Richmond County, for further proceedings consistent herewith.

Following an emergency removal of the subject child from his mother's custody (see Family Ct Act § 1027), the child was placed with the Commissioner of the Administration for Children's Services (hereinafter ACS), who placed...

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