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MATTER OF RICKY

Court of Appeals of the State of New York.
Mar 22, 1990

Order affirmed, without costs, and certified question answered in the negative for the reasons stated in the opinion by Presiding Justice A. Franklin Mahoney at the Appellate Division ( 146 A.D.2d 433).

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.