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IN THE MATTER OF SHEVONNE C
Appellate Division of the Supreme Court of New York, Second Department.
Mar 11, 2002
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ORDERED that the order is affirmed insofar as appealed from, with costs.
The petitioner did not meet its burden of establishing that the infant child should remain in its custody (see, Matter of Marquel J., 269 A.D.2d 396; Besharov, Practice Commentaries, McKinney's Cons Laws of NY, Book 29A, Family Ct Act § 1028, at 45). The evidence adduced at the hearing did not establish an imminent risk of harm to the child (see, Family Ct Act § 1028). The Law Guardian testified at the hearing that there was no danger in the child being with her grandmother and the other children in the household.
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