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  5. 146 A.D.2d 433 (1989)
 

MATTER OF RICKY AA.

146 A.D.2d 433 (1989)

In the Matter of Ricky AA., an Infant. Leon AA. et al., Appellants; Giselle BB., Respondent. (Proceeding No. 1.) In the Matter of Giselle BB., Respondent, v. Leon AA. et al., Appellants, et al., Respondent. (Proceeding No. 2.)

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

May 18, 1989.

Attorney(s) appearing for the Case

Brynteson & Eggleston (Jessica C. Brynteson of counsel), for appellants.

John J. La Boda, Jr., for Giselle BB., respondent.

CASEY and HARVEY, JJ., concur with MAHONEY, P. J.; WEISS and YESAWICH, JR., JJ., dissent and vote to affirm in an opinion by YESAWICH, JR., J.

MAHONEY, P. J.

On February 27, 1984, Ricky AA. was born to Giselle BB., then 15 years old; the mother and father of the child did not marry. Eleven months later, petitioners,1 the child's paternal grandparents, were appointed the baby's guardians and took physical custody. Thereafter, they commenced proceeding No. 1 by petitioning for adoption of the child. On November 20, 1985,...

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