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IN THE MATTER OF PAUL C.

21 Misc.3d 864 (2008)

866 N.Y.S.2d 493

In the Matter of the Guardianship and Custody of PAUL C., JR., a Child Alleged to be Severely Abused. PAUL C., SR., Respondent.

Family Court, Albany County.

October 9, 2008.

Attorney(s) appearing for the Case

Peter M. Torncello, Public Defender, Albany (Laurie B. Kurtzman of counsel), for petitioner.

Gary S. Keegan, Albany, for respondent.

Thomas D. Conole, Albany, Law Guardian.

OPINION OF THE COURT

W. DENNIS DUGGAN, J.

The issue to be determined in this case is whether a grandmother, with Family Court Act article 6 custody, may directly file a termination of parental rights (TPR) petition, based on severe abuse, against a father who has murdered the mother. Social Services Law § 384-b (3) (b) provides that a TPR proceeding may be originated "by a relative with care and custody of the child" (emphasis added). Despite...

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