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  5. 246 A.D.2d 658 (1998)
 

MATTER OF S. v. HERBERT

246 A.D.2d 658 (1998)

668 N.Y.S.2d 905

In the Matter of Chaya S., Also Known as Chaya M. A., Appellant, v. Frederick Herbert L. et al., Respondents

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

January 26, 1998

Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, without costs or disbursements; and it is further,

Ordered that the parties are directed to each bear their own costs in the proceeding to vacate the adoption; and it is further,

Ordered that the matter is remitted to the Surrogate's Court, Queens County, for further proceedings consistent herewith, including (1) a determination on the merits, with all deliberate...

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