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MTR. OF DAVINA M.

68 A.D.2d 531 (1979)

In the Matter of Davina M., Alleged to be a Permanently Neglected Child New York Foundling Hospital, Appellant; Gloria M., Respondent

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

June 26, 1979

Attorney(s) appearing for the Case

David H. Berman of counsel (Frederick J. Magovern with him on the brief; Gerald E. Bodell, attorney), for appellant.

Joseph Zalk of counsel (Zalk, Rubel & Perret, attorneys), for respondent.

KUPFERMAN, J. P., BIRNS, SULLIVAN and LUPIANO, JJ., concur.

SILVERMAN, J.

This is a proceeding under article 6 of the Family Court Act brought by the New York Foundling Hospital for the commitment of the guardianship and custody of the child Davina M. on the ground of permanent neglect. After a hearing, the Family Court Judge filed a brief order to the effect that the allegations of the petition were not supported by a fair preponderance of the evidence and dismissed...

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