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  5. 47 N.Y.2d 374 (1979)
 

MATTER OF SANJIVINI K.

47 N.Y.2d 374 (1979)

In the Matter of Sanjivini K. (Anonymous), a Child Alleged to be Neglected. Rockland County Department of Social Services, Respondent; Usha K. (Anonymous), Appellant.

Court of Appeals of the State of New York.

Decided June 12, 1979.

Attorney(s) appearing for the Case

Frank L. Amoroso for appellant.

Marc L. Parris, County Attorney (John B. Franklin of counsel), for respondent.

Louis J. Artale, Law Guardian for infant.

Charles Schinitsky, Morris Kaplan, Kalman Finkel, John E. Kirklin and Carol Kellermann for The Legal Aid Society of New York City, amicus ciriae.

Chief Judge COOKE and Judges JASEN, GABRIELLI and JONES concur with Judge WACHTLER; Judge FUCHSBERG concurs in result in a separate opinion.

WACHTLER, J.

In this case a mother who temporarily placed her infant daughter with the Rockland County Department of Social Services for foster care seeks to regain custody of the child. The department has repeatedly denied her requests and for several years has sought to offer the child for adoption by attempting to prove, in successive proceedings and on a variety of grounds, that the mother is unfit. Despite...

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