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MATTER OF SAYEH R.

91 N.Y.2d 306 (1997)

693 N.E.2d 724

670 N.Y.S.2d 377

In the Matter of Sayeh R. and Another, Children Alleged to be Neglected. Monroe County Department of Social Services, Appellant; Patricia Ann P., Respondent.

Court of Appeals of the State of New York.

Decided December 22, 1997.

Attorney(s) appearing for the Case

Charles S. Turner, County Attorney of Monroe County, Rochester (Ronald A. Case of counsel), for appellant.

Harris Beach & Wilcox, L. L. P., Rochester (David C. Boysen and Laura J. Wilson of counsel), for respondent.

Dennis C. Vacco, Attorney-General, Albany (Barbara G. Billet, John W. McConnell and Marlene O. Tuczinski of counsel), for State of New York, amicus curiae.

Chief Judge KAYE and Judges TITONE and LEVINE concur with Judge CIPARICK; Judge SMITH dissents and votes to affirm in a separate opinion in which Judges BELLACOSA and WESLEY concur; Judge BELLACOSA dissents in another opinion in which Judges SMITH and WESLEY also concur.

CIPARICK, J.

In this extraordinary case, a Family Court Act article 10 child protective proceeding, petitioner Monroe County Department of Social Services (DSS) alleges that respondent Patricia Ann P., a Florida resident, has neglected her two children by her failure and inability to provide a minimum degree of care causing impairment of their emotional health and well-being and a substantial risk of serious...

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