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STATE EX REL. WALLACE v. LHOTAN

51 A.D.2d 252 (1976)

State of New York ex rel. Patricia A. Wallace, Respondent, v. George Lhotan et al., Appellants, and Joseph D'Elia, as Commissioner of The Department of Social Services of the County of Nassau, Respondent

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

February 23, 1976

Attorney(s) appearing for the Case

Marcia Robinson Lowry and Peter Bienstock (Robert Kruger on the brief), for appellants.

John C. Schaeffer, Jr., (Seth P. Stein of counsel), for Patricia A. Wallace, respondent.

John F. O'Shaughnessy, County Attorney (Natale C. Tedone and James N. Gallagher of counsel), for Joseph D'Elia, respondent.

RABIN, Acting P.J., LATHAM, MARGETT and CHRIST, JJ., concur; HOPKINS, J., concurs in the result.

Per Curiam.

On September 4, 1970, the petitioner voluntarily placed her six children in foster care. At the time she was unable to care for them and had severe emotional problems consistent with post partum depression. The Department of Social Services (the Department) accepted the children and placed them in three homes: the two oldest, Cheryl and Patricia, were placed with the appellants George and Dorothy...

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