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  5. 41 N.Y.2d 971 (1977)
 

MATTER OF B. v. W.

41 N.Y.2d 971 (1977)

In the Matter of Margaret B., Respondent, v. Gilbert W., Appellant.

Court of Appeals of the State of New York.

Decided April 5, 1977.

Attorney(s) appearing for the Case

Esther D. Curtwright, Jeffrey E. Glen and John H. Kirklin for appellant.

W. Bernard Richland, Corporation Counsel (Diane R. Eisner and L. Kevin Sheridan of counsel), for respondent.

Concur: Chief Judge BREITEL and Judges GABRIELLI, WACHTLER, FUCHSBERG and COOKE. Judges JASEN and JONES dissent and vote to affirm on the opinion by Mr. Justice SAMUEL J. SILVERMAN at the Appellate Division (, 457-461).

Order reversed, without costs, and petitioner's motion denied on the dissenting opinion by Mr. Justice LOUIS J. CAPOZZOLI at the Appellate Division (51 A.D.2d 456, 461-462). Question certified answered in...

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