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  5. 217 A.D.2d 164 (1995)
 

MATTER OF H./M. CHILDREN

217 A.D.2d 164 (1995)

634 N.Y.S.2d 675

In the Matter of The H./M. Children, Infants. Gina H., Respondent; Commissioner of Social Services of City of New York, Appellant

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

November 21, 1995

Attorney(s) appearing for the Case

Marcia Egger of counsel (Jane M. Spinak, Law Guardian), for H. M. Children.

A. Orli Spanier of counsel (Alan G. Krams on the brief; Paul A. Crotty, Corporation Counsel of New York City, attorney), for appellant.

ELLERIN, RUBIN and ASCH, JJ., concur with SULLIVAN, J. P.; KUPFERMAN, J., concurs on constraint in a separate opinion.

SULLIVAN, J. P.

This is an appeal from the dismissal of petitions seeking the extension of foster care placement for two children, Tyisha H., born June 3, 1982, and Raymond M., born June 19, 1986.

The children were in foster care as a result of neglect petitions filed on January 14, 1993 against respondent, their mother, alleging the absence of food in the home and the fact that the children were sleeping...

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