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MATTER OF MICHAEL B.

58 N.Y.2d 71 (1983)

In the Matter of Michael B., a Child Alleged to be Permanently Neglected. Broome County Department of Social Services, Respondent; Darlene B., Appellant.

Court of Appeals of the State of New York.

Decided January 18, 1983.

Attorney(s) appearing for the Case

Spero Pines for appellant.

Thomas B. Oakes for respondent.

G. Peter Van Zandt, Law Guardian, for Michael B.

Judges JASEN, JONES, WACHTLER and MEYER concur in Per Curiam opinion; Chief Judge COOKE concurs in a separate opinion in which Judge FUCHSBERG concurs; Judge SIMONS taking no part.

Per Curiam.

In cases in which, prior to the decision of the Supreme Court of the United States in Santosky v Kramer (455 U.S. 745), the Family Court has found that permanent neglect on the part of a mother has been established by a fair preponderance of the evidence, the Appellate Division may properly review the record on appeal under...

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