MATTER OF MARYANN ELLEN F.


154 A.D.2d 167 (1990)

In the Matter of Maryann Ellen F., a Child Alleged to be Permanently Neglected

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

March 16, 1990


Attorney(s) appearing for the Case

John J. Barone and George J. Trimper for appellant.

Christopher Jones, Law Guardian.

BOOMER, GREEN and BALIO, JJ., concur with PINE, J.; DILLON, P. J., dissents in an opinion.


PINE, J.

Petitioner, Erie County Department of Social Services, brought this proceeding to terminate parental rights on the ground of permanent neglect. Family Court dismissed the petition against the father at the close of petitioner's proof based on weighing of testimony, a series of factual findings, and conclusions of law. That was error. On a motion to dismiss at the end of petitioner's case, the petitioner...

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