MATTER OF BAKER


106 Misc.2d 994 (1981)

In the Matter of Marie Baker, a Child Alleged to be Neglected. Rosemarie B. Caputo, Respondent.

Family Court, Oneida County.

March 4, 1981


Attorney(s) appearing for the Case

Eleanor Wertimer for Oneida County Department of Social Services, petitioner. Diedre Parke for respondent. Kevin Blaney, Law Guardian.


ANTHONY K. POMILIO, J.

This is a child neglect proceeding brought pursuant to article 10 of the Family Court Act. We are called upon to determine the constitutionality of subdivision (e) of section 1039 of that article.

The background is as follows. The petitioner filed a child neglect petition on September 7, 1979, alleging that respondent had neglected her daughter, Marie Baker. That petition was adjourned in contemplation of dismissal pursuant...

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