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MTR. OF JOHN M.

71 A.D.2d 144 (1979)

In the Matter of John M. St. Lawrence County Department of Social Services, Appellant

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

December 6, 1979

Attorney(s) appearing for the Case

Ethan K. Phillips (Terence J. Whalen of counsel), for appellant.

Sharon Lumb, Law Guardian.

SWEENEY and KANE, JJ., concur with GREENBLOTT, J. P.; MIKOLL and HERLIHY, JJ., dissent and vote to modify in separate opinions.

GREENBLOTT, J. P.

The record reveals that the infant is an emotionally disturbed child in need of long-term specialized treatment. John has not received adequate physical and emotional care at the home of his legal guardian. On one occasion in 1974, she hit the boy, pushed him around, and used obscene language, requiring police intervention. Although she had repeatedly conceded that she could not care for John...

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