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PATRICIA HH. v. LAURA II.

200 A.D.2d 115 (1994)

In the Matter of Patricia HH., Respondent, v. Laura II. et al., Respondents, and Chemung County Department of Social Services, Appellant

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

June 2, 1994

Attorney(s) appearing for the Case

Kevin Moshier, Elmira, for appellant.

Andrew M. Rothstein, Elmira, for infant.

WHITE, CASEY and YESAWICH JR., JJ., concur with MIKOLL, J. P.; CREW III, J., dissents in a separate opinion.

MIKOLL, J. P.

The issue presented on this appeal concerns the authority of Family Court in ordering respondent Chemung County Department of Social Services (hereinafter DSS) to commence a termination of parental rights proceeding intended to free a child for adoption by the unrelated person with whom the child was placed by Family Court.

In January 1991, DSS commenced a neglect proceeding pursuant to...

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