Matter of Paul S. v Rita S.
2011 NY Slip Op 09688 [92 AD3d 100]
December 30, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 21, 2012


[*1]
In the Matter of Paul S. et al., as Persons Having Placement of Colleen Y. and Others, Respondents,
v
Rita S. et al., Appellants. In the Matter of Katherine E.Y., Respondent, v Robin S. et al., Respondents, and Rita S. et al., Appellants. In the Matter of Colleen Y. and Others, Children Alleged to be Neglected. Chautauqua County Department of Social Services, Respondent; Kenneth Y. et al., Appellants. In the Matter of the Commitment of Guardianship and Custody of Bridget K.Y. and Others, Infants. Chautauqua County Department of Social Services, Respondent; Kenneth Y. et al., Appellants. (Appeal No. 2.)

Fourth Department, December 30, 2011

APPEARANCES OF COUNSEL

Law Office of Robert D. Arenstein, New York City (Richard T. Sullivan of counsel), for appellants.

Jane E. Love, Mayville, for respondent Chautauqua County Department of Social Services.

Andrew T. Radack, Attorney for the Children, Silver Creek, for Kelly Y. and Colleen Y.

[*2]Michael J. Sullivan, Attorney for the Children, Fredonia, for Bridget Y. and Michaela Y.

{**92 AD3d at 102} OPINION OF THE COURT

Peradotto, J.

Same opinion by Peradotto, J., as in Matter of{**92 AD3d at 103} Bridget Y. (Kenneth M.Y.) ([appeal No. 1] 92 AD3d 77 [Dec. 30, 2011]).

Fahey and Sconiers, JJ., concur with Peradotto, J.; Smith, J.P., and Lindley, J., dissent in part and vote to reverse in accordance with the same dissenting opinion by Smith, J.P., as in Matter of Bridget Y. (Kenneth M.Y.) ([appeal No. 1] 92 AD3d 77 [Dec. 30, 2011]).

It is hereby ordered that said appeal insofar as it concerns Colleen Y. and Kelly Y. is dismissed and the corrected order is affirmed without costs.