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MATTER OF BOBBIJEAN P.

46 A.D.3d 12 (2007)

842 N.Y.S.2d 826

In the Matter of BOBBIJEAN P., a Child Alleged to be Neglected. MONROE COUNTY DEPARTMENT OF HUMAN AND HEALTH SERVICES, Now Known as MONROE COUNTY DEPARTMENT OF HUMAN SERVICES, Respondent; STEPHANIE P., Appellant, et al., Respondent.

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

September 28, 2007.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender, Rochester (Eric Dolan of counsel), for appellant.

Eftihia Bourtis, Law Guardian, Webster, for Bobbijean P.

Galen L. Sherwin, New York City, for New York Civil Liberties Union Foundation, and Tiloma Jayasinghe for National Advocates for Pregnant Women, amici curiae.

SCUDDER, P.J., GORSKI, CENTRA and GREEN, JJ., concur.

OPINION OF THE COURT

HURLBUTT, J.

Stephanie P. (respondent) appeals from an order denying her motion pursuant to, inter alia, Family Court Act former § 1042, to vacate that part of an order in this neglect proceeding entered March 31, 2004 that prohibits her from becoming pregnant. Petitioner, the Monroe County Department of Human and Health Services, now known as the Monroe County Department of Human Services (DHS), took no position on respondent's...

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