Opinion
Argued January 10, 1983
Decided January 18, 1983
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SHELDON M. RAND, J.
William J. Manning, Roy L. Reardon, Edward J. Nowak and John N. O'Shea for Spence-Chapin Services to Families and Children, appellant.
Frederick A.O. Schwarz, Jr., Corporation Counsel ( Trudi Mara Schleifer and Leonard Koerner of counsel), for Commissioner of Social Services, appellant.
Stanley A. Bass, Mark H. Spires and Patricia M. Callahan for respondents.
Susan Larabee, Lenore Gittis, Janet R. Fink and Kay McNally, Law Guardian.
MEMORANDUM.
The order of the Appellate Division should be reversed, without costs, for the reasons stated by Justice ARTHUR MARKEWICH in his dissent at the Appellate Division. In addition we note that the question as to whether periodic court review presently required for children placed in foster homes (Social Services Law, § 392) should be extended to children placed for adoption, is the subject of recent study by at least one legislative commission (see Proposal for Voluntary Foster Care Placement and Review Proceedings in Family Court, by the New York State Temp Comm to Recodify the Family Ct Act, pp 17-18 [1982]).
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.
Order reversed, without costs, petitions dismissed and question certified answered in the negative in a memorandum.