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  5. 49 N.Y.2d 788 (1980)
 

MATTER OF DANIEL A. D.

49 N.Y.2d 788 (1980)

In the Matter of the Guardianship of Daniel Aaron D., an Infant. Louise Wise Services., as Guardian and Custodian of Daniel Aaron D., Respondent; Phoebe D., Appellant.

Court of Appeals of the State of New York.

Decided February 20, 1980.

Attorney(s) appearing for the Case

Terry Milburn for appellant.

Michael A. Neff for respondent.

Judges JONES, WACHTLER, FUCHSBERG and MEYER concur. Chief Judge COOKE and Judges JASEN and GABRIELLI dissent and vote to affirm for reasons stated in the memorandum of the Appellate Division ().

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted for a new hearing for the reasons stated and in accordance with the dissenting opinion of Mr. Justice ARNOLD L. FEIN at the Appellate Division.

Under former section 384 (subd 7, par [a]) of the Social Services Law, the constitutionality of which has not been challenged here, before a court severs parental ties in...

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