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SOC SERVS. v. FELICIA B.

144 Misc.2d 169 (1989)

In the Matter of the Department of Social Services, on Behalf of Mark S. and Others, Petitioner, v. Felicia B., Respondent.

Family Court, Nassau County.

June 23, 1989

Attorney(s) appearing for the Case

Robert D. Gallo for respondent. Edward T. O'Brien, County Attorney (Ilyse S. Jeskin of counsel), for petitioner. Murray O. Ellenberg, Law Guardian.

NORMAN FEIDEN, J.

Before the court is a neglect petition alleging that the respondent, while pregnant with the child Naquann W., ingested cocaine, resulting in the said child being born with a positive toxicology for cocaine. (The other petitions are derivative petitions.)

The respondent now moves to dismiss the petitions pursuant to CPLR 3211 (a) (7). The gravamen of respondent's motion is that a...

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