In re Rafael P.

OPINION OF THE COURT

Marjorie C. Mix, J.

Before the court is a pretrial motion by the District Attorney of Erie County, previously granted party intervenor status herein, to discontinue the above-captioned child protective proceeding pursuant to CPLR 3217 (b). Petitioner Erie County Department of Social Services emphatically disputes the District Attorney’s allegations that the petition is insufficient and there is no evidence to support it; however, the Department has joined the motion and now seeks to withdraw its petition, without prejudice, primarily on the ground that prosecution of the…