In re Ann U.

Herlihy, J. (dissenting).

As I view the instant record limited to the fact-finding hearing, it is apparent that, as a matter of law, the motions of the appellant for a dismissal of the proceedings for a failure of proof should have been granted at the closing of the petitioner’s case. It is well established that the St. Lawrence County Department of Social Welfare (Department) was properly acting in the best interests of all of the appellant’s children when it first became involved with this family in September of 1974 and when it accepted the custody voluntarily granted by the appellant on…