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MATTER OF MICHAEL B.

80 N.Y.2d 299 (1992)

In the Matter of Michael B. Catholic Child Care Society of Diocese of Brooklyn et al., Respondents; Marvin B., Appellant; Maggie W. L., Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided October 29, 1992.

Attorney(s) appearing for the Case

Patterson, Belknap, Webb & Tyler, New York City (Stephen P. Younger, Eileen J. Shields and Ellen A. Rothschild of counsel), for appellant.

Lenore Gittis, New York City (Marcia Egger of counsel), for respondent Law Guardian for Michael B.

Wallman & Wechsler, P. C., New York City (Lori Ehrlich of counsel), for intervenor-respondent.

O. Peter Sherwood, Corporation Counsel, New York City (Francis F. Caputo, Alan G. Krams and Stephen J. McGrath of counsel), for Commissioner of the New York City Department of Social Services, amicus curiae.

John C. Gray, Jr., Wanyong Lai Austin, James G. Newman, Martha Raimon, Florence Roberts and Jane Greengold Stevens, Brooklyn, and Martin Guggenheim, New York City, and Madeleine Kurtz for Brooklyn Legal Services Corporation B and another, amici curiae.

Chief Judge WACHTLER and Judges SIMONS, TITONE and HANCOCK, JR., concur with Judge KAYE; Judge BELLACOSA concurs in result in a separate opinion; Judge SMITH taking no part.

KAYE, J.

This appeal from a custody determination, pitting a child's foster parents against his biological father, centers on the meaning of the statutory term "best interest of the child," and particularly on the weight to be given a child's bonding with his long-time foster family in deciding what placement is in his best interest. The biological father (appellant) on one side,

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