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  5. 47 N.Y.2d 648 (1979)
 

MATTER OF HOFBAUER

47 N.Y.2d 648 (1979)

In the Matter of Joseph Hofbauer, a Child Alleged to be Neglected. Saratoga County Department of Social Services, Appellant; John Hofbauer et al., Respondents; Robert P. Whalen, as Commissioner of the New York State Department of Health, et al., Intervenors-Appellants.

Court of Appeals of the State of New York.

Decided July 10, 1979.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Douglas K. McGivney and Shirley Adelson Siegel of counsel), for intervenors-appellants and Francis E. Dorsey, County Attorney, for appellant.

Leslie F. Couch and Mary Anne Tommaney for respondents.

Courtnay W. Hall, Law Guardian, for Joseph Hofbauer.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

JASEN, J.

This appeal involves the issue whether a child suffering from Hodgkin's disease whose parents failed to follow the recommendation of an attending physician to have their child treated by radiation and chemotherapy, but, rather, placed their child under the care of physicians advocating nutritional or metabolic therapy, including injections of laetrile, is a "neglected child" within the meaning of section...

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