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MATTER OF M.

60 N.Y.2d 564 (1983)

In the Matter of Roxann Joyce M., a Child Alleged to be Permanently Neglected. Catholic Guardian Society of the Diocese of Brooklyn, Incorporated, et al., Respondents; Nicholas M., Appellant.

Court of Appeals of the State of New York.

Decided July 12, 1983.

Attorney(s) appearing for the Case

Edwin Ira Schulman for appellant.

Richard J. Cea for Catholic Guardian Society of the Diocese of Brooklyn, Inc., respondent.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Sara P. Schechter of counsel), for New York City Commissioner of Social Services, respondent.

Lenore Gittis, Law Guardian, and Edward Carr, Jr., for Roxann J. M.

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

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, without costs, and matter remitted to the Appellate Division, Second Department, for review of the facts in light of Santosky v Kramer (455 U.S. 745), or, in its discretion, remission to Family Court for a de novo hearing (cf. Matter of Michael B.,

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