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MATTER OF GUSTAVO G.

9 A.D.3d 102 (2004)

776 N.Y.S.2d 15

In the Matter of the Adoption of GUSTAVO G., an Infant. PATRICIA C., Appellant.

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

April 22, 2004.

Attorney(s) appearing for the Case

Warren & Warren, PC. (Richard Warren of counsel), for appellant.

BUCKLEY, P.J., and MARLOW, J., concur with SULLIVAN, J.; MARLOW, J., also concurs in a separate opinion; Tom, J., dissents in a separate opinion.

OPINION OF THE COURT

SULLIVAN, J.

In this proceeding to adopt the child Gustavo, whose biological mother's parental rights have been terminated, thereby freeing him for adoption, petitioner, the maternal grandmother, appeals from Family Court's dismissal of the petition based upon the court's disqualification of her counsel. Since the court improperly applied an unjustified per se disqualification rule, and the record clearly shows that the proposed adoption...

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