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MATTER OF PATRICK L. McC.

179 A.D.2d 220 (1992)

In the Matter of Patrick L. McC. and Another, Children Alleged to be Neglected. Rachael L., Appellant; Abbott House, Respondent

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

April 28, 1992

Attorney(s) appearing for the Case

Bruce A. Young for appellant.

Terry Milburn for respondent.

Timothy J. Bennett of counsel (Lenore Gittis, attorney), Law Guardian.

SULLIVAN, J. P., MILONAS, ASCH and SMITH, JJ., concur.

KUPFERMAN, J.

While we find nothing wrong with the court's findings of permanent neglect based upon the testimony elicited at the August 1989 fact-finding hearing, such finding requires termination of parental rights only where such disposition is determined to be in the best interests of the child (Matter of Female M., 70 A.D.2d 812).

Given the fact that the...

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