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IN RE: AMANDA K. and Another, Children Under the Age of Eighteen Years, etc., Roslyn O.D., et al., Respondents-Appellants, Commissioner of the Administration for Children's Services, Petitioner-Respondent.
Orders, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about March 11, 2004, which, in child protective proceedings pursuant to article 10 of the Family Court Act, denied respondent parents' motion to dismiss the neglect petition for, inter alia, failure to state a cause of action, unanimously affirmed, without costs.
The petition, alleging that respondents' minor children, Amanda and Megan K., were absent from school without explanation for more than 30 consecutive days and that respondents completely failed to cooperate with school authorities or to follow proper procedures for home-schooling, adequately stated a claim for educational neglect against respondents (see Matter of Jovann B., 153 A.D.2d 858, 545 N.Y.S.2d 376 [1989]; Matter of Christa H., 127 A.D.2d 997, 513 N.Y.S.2d 65 [1987]; Matter of Andrew TT, 122 A.D.2d 362, 504 N.Y.S.2d 326 [1986]; cf. Matter of Giancarlo P., 306 A.D.2d 28, 761 N.Y.S.2d 165 [2003] ).
Respondents' remaining arguments are unavailing.
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Decided: December 16, 2004
Court: Supreme Court, Appellate Division, First Department, New York.
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