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MATTER OF SMITH v. SHANG

75 A.D.2d 996 (1980)

In the Matter of Beverly M. Smith, Petitioner, v. Carman Shang, as Acting Commissioner of The New York State Department of Social Services, et al., Respondents

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

May 23, 1980

Determination confirmed, without costs, and petition dismissed.

Memorandum:

There is substantial evidence that petitioner failed to co-operate with the agency in establishing the paternity of her children and the petition is dismissed.

Doerr, J. (dissenting).

I respectfully dissent and vote to annul the determination after fair hearing and grant the petition. Petitioner, divorced from her husband, has nine minor children and is...

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