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MATTER OF O'CONNOR v. POOLE

2019-04906. Index No. 53785/18.

201 A.D.3d 937 (2022)

157 N.Y.S.3d 758

2022 NY Slip Op 00426

In the Matter of Robert E. O'Connor, Petitioner, v. Sheila J. Poole et al., Respondents.

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

Decided January 26, 2022.

Attorney(s) appearing for the Case

Steven H. Klein & Associates, P.C., Poughkeepsie, NY, for petitioner.

Letitia James, Attorney General, New York, NY (Steven C. Wu and Amit R. Vora of counsel), for respondents Sheila J. Poole, New York State Office of Children and Family Services, and New York State Central Register.

Caroline E. Blackburn, County Attorney, Poughkeepsie, NY (Michael L. Rusilas of counsel), for respondent Dutchess County Child Protective Services.

Barros, J.P., Connolly, Hinds-Radix and Miller, JJ., concur.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

In 2017, the Department of Community and Family Services (hereinafter DCFS) investigated a report of child maltreatment involving the petitioner. The report alleged that during a domestic dispute, the petitioner struck his wife in the face in the presence of the subject children, causing his wife to fall and sustain a broken nose, broken...

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