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MATTER OF DELORES B. v. WILLIE B.

141 A.D.2d 100 (1988)

In the Matter of Delores B. Cardinal McCloskey Children's and Family Services, Appellant, v. Willie B., Respondent In the Matter of Willie John B., Jr. Cardinal McCloskey Children's and Family Services, Respondent, v. Willie B., Appellant

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

October 20, 1988

Attorney(s) appearing for the Case

David H. Berman of counsel (Gerald E. Bodell with him on the brief; Bodell & Gross, attorneys), for Cardinal McCloskey Children's and Family Services.

Ruth N. Cassell and David C. Leven of counsel (Prisoners' Legal Services, attorneys), for Willie B.

MURPHY, P. J., and KUPFERMAN, J., concur with SMITH, J.; CARRO, J., dissents in an opinion; ELLERIN, J., concurs in part and dissents in part in a separate opinion.

SMITH, J.

The issue in this case is whether a father who is serving two concurrent sentences of 25 years to life for murder should be found to have permanently neglected his two children so that his parental rights may be terminated and the children freed for adoption. (Social Services Law § 384-b [4] [d].) We conclude that in this case the facts support such a finding and his parental rights should be...

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