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MATTER OF RAFAEL P.

185 Misc.2d 169 (2000)

712 N.Y.S.2d 714

In the Matter of RAFAEL P. and Another, Children Alleged to be Abused. ANTHONY P. et al., Respondents.

Family Court, Erie County.

March 10, 2000.

Attorney(s) appearing for the Case

Frank J. Clark, District Attorney of Erie County (Frank A. Sedita, III, of counsel), intervenor.

Richard S. Usen (Edward McGuinness of counsel), for Erie County Department of Social Services.

Theresa Lorenzo, Law Guardian.

Denis A. Scinta for Debra P. Joel L. Daniels and Brian R. Welsh for Anthony P. James P. Renda for Lena P. Timothy Greenan for Town of West Seneca.

OPINION OF THE COURT

MARJORIE C. MIX, J.

Before the court is a pretrial motion by the District Attorney of Erie County, previously granted party intervenor status herein, to discontinue the above-captioned child protective proceeding pursuant to CPLR 3217 (b). Petitioner Erie County Department of Social Services emphatically disputes the District Attorney's allegations that the petition is insufficient and there is no evidence to support it; however, the...

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