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THE PEOPLE OF THE STATE OF NEW YORK ex rel. MARGIE ZAYAS, Respondent, v. EVELYN RUDISH, Appellant.

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicci v. Green Constr. Corp., 100 A.D.2d 509); and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that the petitioner is awarded one bill of costs.

The court did not err in awarding custody of the subject child to the petitioner, the child's natural mother. We are satisfied that the appellant failed to make a threshold showing of "surrender, abandonment, persisting neglect, unfitness, or other like extraordinary circumstances" justifying depriving the petitioner, the child's natural parent, of the custody of her child (see, Matter of Bennett v. Jeffreys, 40 N.Y.2d 543, 544; Matter of Male Infant L., 61 N.Y.2d 420; Matter of Alfredo S. v Nassau County Dept. of Social Servs., 172 A.D.2d 528).

We have considered the parties' remaining contentions and find them to be without merit. Thompson, J.P., Sullivan, Lawrence and Eiber, JJ., concur.

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PEOPLE EX REL. ZAYAS v. RUDISH
(Jun 1, 1993)