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GUARDIANSHIP OF PHELAN

No. 09-P-1452.

76 Mass. App. Ct. 742 (2010)

GUARDIANSHIP OF PHELAN.

Appeals Court of Massachusetts, Suffolk.

May 20, 2010.

Attorney(s) appearing for the Case

Claudia Leis Bolgen for the aunt.

Brian Pariser for Department of Children and Families.

Maura J. Hardiman for the child.

Present: LENK, DUFFLY, & McHUGH, JJ.

LENK, J.

The maternal aunt of a child, Phelan, appeals from (1) a judgment of the Juvenile Court dismissing her petition for appointment as guardian, with custody, of Phelan, and (2) an order of the single justice of this court staying the dismissal of the guardianship petition pending appeal but denying her request, as interpreted by the single justice, to stay the progress of the adoption of Phelan flowing from a care and protection action. We vacate the judgment...

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