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IN RE HAILEY ZZ.

No. 103.

19 N.Y.3d 422 (2012)

972 N.E.2d 87

948 N.Y.S.2d 846

In the Matter of HAILEY ZZ., a Child Alleged to be Permanently Neglected. TOMPKINS COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; RICKY ZZ., Appellant.

Court of Appeals of New York.

Decided June 7, 2012.

Attorney(s) appearing for the Case

Paul J. Connolly , Delmar, for appellant.

Daniel S. Feder , Ithaca, for respondent.

O'Connor & Kruman, P.C., Cortland ( Randolph V. Kruman of counsel), Attorney for the Child.

Legal Aid Bureau of Buffalo, Inc., Buffalo ( Russell E. Fox , David C. Schopp and Pamela L. Neubeck of counsel), for Legal Aid Bureau of Buffalo, Inc., amicus curiae.

William K. Taylor , County Attorney, Rochester ( Peter A. Essley of counsel), for Monroe County Department of Social Services, amicus curiae.

Stephen M. Dorsey , County Attorney, Ballston Spa ( Karen E.S. D'Andrea of counsel), and Roger A. Wickes , County Attorney, Fort Edward ( Daniel S. Martindale of counsel), for Saratoga County Department of Social Services and another, amici curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, SMITH and JONES concur with Judge READ; Judge PIGOTT dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

READ, J.

This appeal calls upon us to resolve a conflict within the Appellate Division as to whether Family Court may direct continuing contact between parent and child once parental rights have been terminated pursuant to Social Services Law § 384-b. We hold that the court lacks this authority.

I.

Hailey ZZ., born in late 2007, initially resided with her birth...

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