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Leibert v. New York State Office of Children & Family Services

82 A.D.3d 655 Court N.Y. App. Div. Decision date 2011-03-29 English

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p. 655
In the Matter of Rita Leibert, Petitioner, v New York State Office of Children and Family Services et al., Respondents.
[919 NYS2d 332]
p. 656
The record contains substantial evidence that supports the determination that the children’s best interests would be served by their removal from petitioner’s home (see Matter of O’Rourke v Kirby, 54 NY2d 8 , 16 [1981]). The evidence also supports the finding that petitioner failed to provide one of the boys with his prescribed medication (see Matter of Joshua Noel A., 40 AD3d 749 [2007]). Concur — Tom, J.P, Sweeney, Catterson, Acosta and Manzanet-Daniels, JJ.

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