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In the Matter of Paul S. and Robin S., As Persons Having v. Rita S. and Ken Y

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 30, 2011

IN THE MATTER OF PAUL S. AND ROBIN S., AS PERSONS HAVING
PLACEMENT OF COLLEEN Y., KELLY Y., MICHAELA Y., AND BRIDGET Y.,
PETITIONERS-RESPONDENTS,
v.
RITA S. AND KEN Y.,
RESPONDENTS-APPELLANTS.
IN THE MATTER OF KATHERINE E.Y.,
PETITIONER-RESPONDENT,
v.
ROBIN S., RESPONDENT, RITA S., KEN Y.,
RESPONDENTS-APPELLANTS,
AND
PAUL S.,
RESPONDENT.
IN THE MATTER OF COLLEEN Y., KELLY Y., MICHAELA Y., AND BRIDGET Y. CHAUTAUQUA
COUNTY DEPARTMENT OF SOCIAL SERVICES,
PETITIONER-RESPONDENT;
v.
KENNETH Y. AND RITA S., RESPONDENTS-APPELLANTS.
IN THE MATTER OF BRIDGET K.Y., COLLEEN A.Y., KELLY T.Y., AND MICHAELA M.Y. CHAUTAUQUA
COUNTY DEPARTMENT OF SOCIAL SERVICES,
PETITIONER-RESPONDENT;
v.
KENNETH Y. AND RITA S., RESPONDENTS-APPELLANTS. (APPEAL NO. 2.)

Appeal from a corrected order of the Family Court, Chautauqua County (Judith S. Claire, J.), entered August 12, 2010 in a proceeding pursuant to Family Court Act article 10.

The opinion of the court was delivered by: Peradotto, J.

Matter of Matter of Paul S. v Rita S.

Decided on December 30, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SMITH, J.P., FAHEY, PERADOTTO, LINDLEY, AND SCONIERS, JJ.

OPINION AND

The corrected order, inter alia, denied the motion of Rita S. and Kenneth Y. to vacate the order of fact-finding and disposition entered March 5, 2010.

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.

Same Opinion by Peradotto, J., as in Matter of Bridget Y. ([appeal No. 1] ___ AD3d ___ [Dec. 30, 2011]). Fahey and Sconiers, JJ., concur with Peradotto, J.; Smith, J.P., dissents in part and votes to reverse in accordance with the same dissenting Opinion as in Matter of Bridget Y. ([appeal No. 1] ___ AD3d ___ [Dec. 30, 2011]), in which Lindley, J., concurs.

Entered: December 30, 2011

Frances E. Cafarell Clerk of the Court

20111230

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