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MATTER OF WHITTEN

101 A.D.2d 254 (1984)

In the Matter of the Guardianship of Star L. Whitten, an Infant. Mary W. Stringfield, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 10, 1984

Attorney(s) appearing for the Case

David J. Lansner of counsel (Lansner & Wendt, attorneys), for appellant.

Helen L. Buttenwieser of counsel (London & Buttenwieser, attorneys), for Leake & Watts Children's Home, petitioner-respondent.

Wendy Sue Lauring of counsel (Lenore Gittis, attorney), Law Guardian, for infant child.

SULLIVAN, J. P., and BLOOM, J., concur with KASSAL, J.; ASCH and SILVERMAN, JJ., dissent in separate opinions.

KASSAL, J.

This is an appeal by appellant Mary Whitten Stringfield, from the order of disposition which permanently terminated her parental rights and transferred custody and guardianship of Star Leslie to petitioner, Leake & Watts Children's Home, jointly with the Commissioner of Social Services.

We agree with the determination of the Family Court that there was clear and convincing proof that appellant had failed and neglected to maintain...

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