In re the Guardianship of Daniel Aaron D.

Murphy, P. J., and Fein, J., dissent in a memorandum by Fein, J., as follows:

Respondent, Phoebe D., appeals from an order of the Family Court granting the application by Louise Wise Services for guardianship of the person and custody of Daniel under former subdivision 7 of section 384 of the Social Services Law. The petition sought a judicial determination authorizing the placement of the child for adoption without the necessity of procuring the consent of Phoebe, the natural mother. Such procedure is authorized under former section 384 (subd 7, par [a]) of the Social Services Law: "If the…