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MTR. OF HIME Y.

73 A.D.2d 154 (1980)

In the Matter of Hime Y., Alleged to be a Permanently Neglected Child. Jewish Child Care Association, Appellant-Respondent; Elaine S. Y., Respondent-Appellant, and Sorikan Y. et al., Respondents

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

March 11, 1980

Attorney(s) appearing for the Case

David H. Berman of counsel (Gerald E. Bodell, attorney), for appellant-respondent.

A. Isadore Eibel for respondent-appellant.

Janet R. Fink of counsel (Charles Schinitsky, attorney), Law Guardian for Hime Y.

BIRNS, MARKEWICH and BLOOM, JJ., concur.

MURPHY, P. J.

Upon the prior appeal in this proceeding, the majority reversed and remanded the matter for a new trial to determine whether parental rights should be terminated with regard to the older child, Suzanne. The reversal was based upon the fact that the Trial Judge had erroneously decided the case under a "no-fault" theory. (Matter of Suzanne N. Y., 66 A.D.2d 723

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