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MATTER OF DORENE

52 N.Y.2d 890 (1981)

In the Matter of Donna Dorene G., a Child Alleged to be Permanently Neglected. St. Lawrence County Department of Social Services, Respondent; Donald G., Appellant; Foster Parents, Respondents.

Court of Appeals of the State of New York.

Decided January 20, 1981.

Attorney(s) appearing for the Case

Richard A. Dudley, Jr., for appellant.

Terrence J. Whelan and Ethan K. Phillips for St. Lawrence County Department of Social Services, respondent.

Terry O'Donnell for foster parents, respondents.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

Order reversed, with costs to appellant against the St. Lawrence County Department of Social Services only, and the petition dismissed for reasons stated in the dissenting opinion by Mr. Justice J. CLARENCE HERLIHY at the Appellate Division (70 AD2d, at pp 195-197; see, also, Matter of Leon RR, 48 N.Y.2d 117

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