
    In the Matter of Donna Dorene G., a Child Alleged to be Permanently Neglected. St. Lawrence County Department of Social Services, Respondent; Donald G., Appellant; Foster Parents, Respondents.
    Argued January 5, 1981;
    decided January 20, 1981
    
      APPEARANCES OF COUNSEL
    
      Richard A. Dudley, Jr., for appellant.
    
      Terrence J. Whelan and Ethan K. Phillips for St. Lawrence County Department of Social Services, respondent.
    
      Terry O’Donnell for foster parents, respondents.
   OPINION OF THE COURT

Order reversed, with costs to appellant against the St. Lawrence County Department of Social Services only, and the petition dismissed for reasons stated in the dissenting opinion by Mr. Justice J. Clarence Herlihy at the Appellate Division (70 AD2d, at pp 195-197; see, also, Matter of Leon RR, 48 NY2d 117).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.  