Mary W. v. O'Neil B.

The above matter came before this court on December 18, 1975 at which time the petitioner appeared in person, the Department of Social Services appeared by John Barnaba, Esq., of counsel, and the respondent appeared by his attorney, Anthony J. Gigliotti, ■ Esq. Respondent’s attorney moved to dismiss the petition pursuant to CPLR 3211 (subd [a], pars 5, 8) and pursuant to the inherent power of the court to dismiss a proceeding for immeasurable delay in prosecution. Specifically, respondent contends that the Statute of Limitations has run because the Onondaga County Department of Social…