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MATTER OF DALE P.

84 N.Y.2d 72 (1994)

638 N.E.2d 506

614 N.Y.S.2d 967

In the Matter of Dale P., a Child Alleged to be Neglected. Barbara J. Sabol, as Commissioner of the New York City Department of Social Services, Appellant. Nancy P., Respondent.

Court of Appeals of the State of New York.

Decided June 16, 1994.

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Ronald E. Sternberg and Leonard Koerner of counsel), for appellant.

Elynn C. Lambert, Law Guardian, New York City, Lenore Gittis and Carol Goldstein for Dale P.

Philip M. Genty, New York City, Jane M. Spinak, Eric Berkowitz, Michael Bochenek, Tracy Cole, Douglas Gray, Estelle McKee, Sharron McPherson, Susan Sawyer and Evette Soto for Morningside Heights Legal Services, Inc., amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, SMITH, LEVINE and CIPARICK concur.

BELLACOSA, J.

The subject of this Family Court proceeding is a child, Dale P., who was abandoned after birth by his mother and taken into the care of a friend, Mary H. The dispositive legal question turns on whether the now seven-year-old child should be given the opportunity for a best interests permanency placement under the auspices of the New York City Commissioner of Social Services, as decided by Family...

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