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In re Rose Marie M.

93 A.D.2d 1009 Court Second Department, Decision date 1982-12-20 English

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p. 1009
Second Department,
December, 1982
(December 20, 1982)[1]
In the Matter of Rose Marie M. In the Matter of Patty Ann M. Charles W. Bates, as Commissioner, Respondent; Maria J., Appellant.

— On the court’s own motion, its decision, dated November 15, 1982 [ 90 AD2d 810 ], is amended by striking therefrom, the first paragraph on page 2 commencing with the words, “We note that * * * ” and terminates with “(subd 3, par [g])” and by substituting therefore the following: “We note that the same due process deficiency permeated the former comparable provisions of section 384-b of the Social Services Law in force at the time the fact finding adjudications in the

p. 1010
instant proceedings were made, but amended during the course of this appeal (L 1982, ch 123, § 1). The former provisions permitted the permanent termination of parental status, upon a showing of ‘abandonment’ ‘for a period of six months immediately prior to the date on which the petition is filed in the court’ (subd 4, par [b]), ‘upon a fair preponderance of the evidence’ (former subd 3, par [g]).” Order dated November 15, 1982, entered on said decision, amended accordingly. Gibbons, J. P., Weinstein, O’Connor and Boyers, JJ., concur.

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