Order, insofar as appealed from, reversed, without costs, and the direction that the concurrence of the Law Guardian be obtained prior to the return of the infant stricken for reasons stated in the dissenting opinion by Mr. Justice J. CLARENCE HERLIHY at the Appellate Division ( 71 A.D.2d 144, 148-149).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.