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MATTER OF MARINO S.

293 A.D.2d 223 (2002)

741 N.Y.S.2d 207

In the Matter of MARINO S. and Others, Infants. RAQUEL T. et al., Appellants; ANGEL GUARDIAN CHILDREN AND FAMILY SERVICES, INC., et al., Respondents.

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

April 23, 2002.

Attorney(s) appearing for the Case

Marcia Egger of counsel to Monica Drinane, Law Guardian, for infants (Brian Lamb on the brief; Legal Aid Society, Juvenile Rights Division, attorney), for infants.

Jay A. Waller for Raquel T., appellant.

Dora M. Lassinger for Marino S., appellant.

Ira L. Eras of counsel (Daniel Gartenstein on the brief; Warren & Warren, P.C., attorneys), for respondent.

WILLIAMS, P.J., TOM, MAZZARELLI and ANDRIAS, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

This appeal presents, inter alia, the issue of whether, in a termination of parental rights proceeding, Family Court may retroactively apply the pertinent provisions of the Adoption and Safe Families Act (ASFA), i.e., Family Court Act § 1039-b and Social Services Law § 384-b (8) (a), enacted in 1999, subsequent to the filing of the instant petition to terminate, which, in the case of a finding that a child has...

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