MTR. OF RAY A. M.


48 A.D.2d 161 (1975)

In the Matter of Ray A. M. (Anonymous). Spence-Chapin Adoption Service, Appellant; Jule M. Sugarman, as Commissioner of Social Services, Appellant; Shirley G. M. (Anonymous), Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 27, 1975


Attorney(s) appearing for the Case

Simpson Thacher & Bartlett (Ronald L. Ginns and Ronald G. Russo on the brief), for Spence-Chapin Adoption Service, appellant; Adrian P. Burke, Corporation Counsel (L. Kevin Sheridan and Helene M. Holmes on the brief), for Jule Sugarman, appellant (oral argument by Ronald L. Ginns for appellants).

William E. Hellerstein and Charles Schinitsky (Michael Gage and David Waldman of counsel), for Ray A. M. (Anonymous).

William L. Reese, Jr., and Henry C. Miner, III (Bedford-Stuyvesant Community Legal Services Corporation), for respondent.

CHRIST, MUNDER and SHAPIRO, JJ., concur in Per Curiam opinion; MARTUSCELLO, Acting P. J., dissents in an opinion and votes to modify the orders by extending the placement of the child for an additional period of one year.


Per Curiam.

"Under the particular facts and the totality of circumstances" (Matter of Klug, 32 A.D.2d 915, 916), we hold that the infant herein is a permanently neglected child, as defined in section 611 of the Family Court Act, and that the child's moral and temporal interests require that the custody of the respondent, her natural mother, be terminated permanently (Family...

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