MTR. OF HOFBAUER


65 A.D.2d 108 (1978)

In the Matter of Joseph Hofbauer, a Child Alleged to be Neglected Saratoga County Department of Social Services, Appellant; John Hofbauer et al., Respondents; Robert P. Whalen, as Commissioner of Health of The State of New York, et al., Intervenors-Appellants

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

December 14, 1978


Attorney(s) appearing for the Case

Francis E. Dorsey for appellant.

Louis J. Lefkowitz, Attorney-General (Douglas K. McGivney and Ruth Kessler Toch of counsel), for intervenors-appellants.

Di Fabio & Couch (Leslie F. Couch of counsel), for respondent.

Courtenay Hall, Law Guardian for Joseph Hofbauer.

MAHONEY, P. J., GREENBLOTT, KANE and STALEY, JR., JJ., concur.


SWEENEY, J.

This seemingly ubiquitous controversy has presented issues for our determination on two previous occasions within the year. On the first occasion we granted the application of the New York Commissioners of Health and Social Services to intervene and become parties to the neglect proceeding (61 A.D.2d 1102). The second time we directed a speedy disposition on the...

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