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MATTER OF TRISTIAN B.

Docket No. NN-28426/18. Appeal No. 15166. Case No. 2020-04546.

201 A.D.3d 583 (2022)

158 N.Y.S.3d 558

2022 NY Slip Op 00498

In the Matter of Tristian B., an Infant. Winston B., Respondent; Administration for Children's Services, Appellant.

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

Decided January 27, 2022.

Attorney(s) appearing for the Case

Georgia Pestana, Corporation Counsel, New York (Deborah E. Wassel of counsel), for appellant.

Law office of Bruce A. Young, Brooklyn (Bruce A. Young of counsel), for respondent.

Dawne A. Mitchell, The Legal Aid Society, New York (Marcia Egger of counsel), attorney for the child.

Concur—Kapnick, J.P., Gesmer, González, Kennedy, Shulman, JJ.

Petitioner demonstrated by a preponderance of the evidence that respondent was a person legally responsible (PLR) for the subject child, as well as for the child's three older siblings. Respondent and the children's mother were in a romantic relationship and lived together before the child was born, and they both represented to caseworkers that respondent was the child's biological father. There is evidence that, although he was excluded from the home because of an order...

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