MATTER OF PAUL S. v. RITA S.

CAF 10-02368.

92 A.D.3d 100 (2011)

938 N.Y.S.2d 481

2011 NY Slip Op 9688

In the Matter of PAUL S. et al., as Persons Having Placement of COLLEEN Y. and Others, Respondents, v. RITA S. et al., Appellants. In the Matter of KATHERINE E.Y., Respondent, v. ROBIN S. et al., Respondents, and RITA S. et al., Appellants. In the Matter of COLLEEN Y. and Others, Children Alleged to be Neglected. CHAUTAUQUA COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; KENNETH Y. et al., Appellants. In the Matter of the Commitment of Guardianship and Custody of BRIDGET K.Y. and Others, Infants. CHAUTAUQUA COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; KENNETH Y. et al., Appellants. (Appeal No. 2.)

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

Decided December 30, 2011.


Attorney(s) appearing for the Case

Law Office of Robert D. Arenstein , New York City ( Richard T. Sullivan of counsel), for appellants.

Jane E. Love , Mayville, for respondent Chautauqua County Department of Social Services.

Andrew T. Radack , Attorney for the Children, Silver Creek, for Kelly Y. and Colleen Y.

Michael J. Sullivan , Attorney for the Children, Fredonia, for Bridget Y. and Michaela Y.

FAHEY and SCONIERS, JJ., concur with PERADOTTO, J.; SMITH, J.P., and LINDLEY, J., dissent in part and vote to reverse in accordance with the same dissenting opinion by SMITH, J.P., as in ([appeal No. 1] [Dec. 30, 2011]).


OPINION OF THE COURT

PERADOTTO, J.

Same opinion by PERADOTTO, J., as in Matter of Bridget Y. (Kenneth M.Y.) ([appeal No. 1] 92 A.D.3d 77 [Dec. 30, 2011]).

It is hereby ordered that said appeal insofar as it concerns Colleen Y. and Kelly Y. is dismissed and the corrected order is affirmed...

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