Opinion
Argued January 5, 1981
Decided January 20, 1981
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, J. GEORGE FOLLETT, J.
Richard A. Dudley, Jr., for appellant.
Terrence J. Whelan and Ethan K. Phillips for St. Lawrence County Department of Social Services, respondent.
Terry O'Donnell for foster parents, respondents.
Order reversed, with costs to appellant against the St. Lawrence County Department of Social Services only, and the petition dismissed for reasons stated in the dissenting opinion by Mr. Justice J. CLARENCE HERLIHY at the Appellate Division (70 A.D.2d, at pp 195-197; see, also, Matter of Leon RR, 48 N.Y.2d 117).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.