MATTER OF NEAL


75 A.D.2d 741 (1980)

In the Matter of Y'Anique Neal. Louise Wise Services, Appellant; Ruth Neal, Respondent

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

May 6, 1980


The facts are sufficiently set forth in the dissenting memorandum. We agree with the dissenters that appeal does not lie from the order as of right but only by leave. However, we think that in this case involving the welfare of a child, which has already been pending since 1978, it is better to determine the important substantive issue now rather than reserving it for determination on a subsequent appeal after a final determination in the Family Court. Accordingly, we grant...

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