Opinion
Argued November 13, 1980
Decided November 25, 1980
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, J. GEORGE FOLLETT, J.
Terrence J. Whelan and Ethan K. Phillips for appellant.
Barbara R. Lake, Law Guardian pro se.
Order, insofar as appealed from, reversed, without costs, and the direction that the concurrence of the Law Guardian be obtained prior to the return of the infant stricken for reasons stated in the dissenting opinion by Mr. Justice J. CLARENCE HERLIHY at the Appellate Division ( 71 A.D.2d 144, 148-149).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.