GENESEE COUNTY DEPARTMENT OF SOCIAL SERVICES PETITIONER RESPONDENT v. <<

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Supreme Court, Appellate Division, Fourth Department, New York.

GENESEE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER–RESPONDENT;

CAF 11–01190

Decided: December 21, 2012

PRESENT:  FAHEY, J.P., PERADOTTO, CARNI, WHALEN, AND MARTOCHE, JJ. DAVID J. PAJAK, ALDEN, FOR RESPONDENT–APPELLANT. JACQUELINE M. GRASSO, ATTORNEY FOR THE CHILD, BATAVIA, APPELLANT PRO SE. CHARLES N. ZAMBITO, COUNTY ATTORNEY, BATAVIA (PAULA A. CAMPBELL OF COUNSEL), FOR PETITIONER–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal by respondent is unanimously dismissed, the order is reversed on the law without costs and the matter is remitted to Family Court, Genesee County, for further proceedings in accordance with the same Memorandum as in Matter of Gena S. ( [appeal No. 1] _ AD3d _ [Dec. 21, 2012] ).

Frances E. Cafarell

Clerk of the Court