| Matter of M.S. (D.K.) |
| 2024 NY Slip Op 03587 [229 AD3d 1048] |
| July 3, 2024 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of M.S. Erie County Department of Social Services, Respondent; D.K., Appellant. (Appeal No. 2.) |
Nicholas T. Texido, West Seneca, for respondent-appellant.
Benjamin Mannion, Buffalo, for petitioner-respondent.
Appeal from an order of the Family Court, Erie County (Sharon M. LoVallo, J.), entered December 15, 2022, in a proceeding pursuant to Family Court Act article 10. The order, inter alia, determined that respondent abused the subject child.
It is hereby ordered that the order so appealed from is affirmed without costs.
Same memorandum as in Matter of G.H. (D.K.) ([appeal No. 1] 229 AD3d 1048 [4th Dept 2024]).
All concur except Curran and Ogden, JJ., who dissent and vote to reverse in accordance with the same dissenting memorandum as in Matter of G.H. (D.K.) ([appeal No. 1] 229 AD3d 1048 [4th Dept 2024]). Present—Smith, J.P., Curran, Ogden, Greenwood and Keane, JJ.