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MATTER OF O'ROURKE v. KIRBY

54 N.Y.2d 8 (1981)

In the Matter of Veronica O'Rourke, Appellant, v. James E. Kirby, as Commissioner of Social Services, Suffolk County, Respondent. (And Another Proceeding.)

Court of Appeals of the State of New York.

Decided October 22, 1981.

Attorney(s) appearing for the Case

Charles H. Rosen and Steven Tomanelli for appellant.

David J. Gilmartin, County Attorney (Paul G. Costello, Daniel Martin and Hertha C. Trotto of counsel), for James E. Kirby, respondent.

Robert Abrams, Attorney-General (Robert J. Schack, Shirley Adelson Siegel and Maryellen Weinberg of counsel), for State Commissioner of Department of Social Services, respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur.

GABRIELLI, J.

In this proceeding, appellant, a foster parent who has had continuous care of the child, Alexia Stephanie P. (Stephanie) for approximately six years, seeks judicial review, by way of an article 78 proceeding, of a determination of respondent, Suffolk County Commissioner of Social Services (local agency), denying his consent to adopt Stephanie, and also of a determination of respondent, State Commissioner...

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