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M.L.S. (09/27/89)

SUPREME COURT OF PENNSYLVANIA


decided: September 27, 1989.

IN RE M.L.S., A MINOR, APPEAL OF CHILDREN AND YOUTH SERVICES OF ALLEGHENY COUNTY

Appeal No. 87 W.D. Appeal Docket 1988, from the order of the Superior Court, Entered December 7, 1987 at No. 75 and 89 Pittsburgh 1987 Reargument Denied, January 27, 1988, Reversing and Remanding for a New Hearing the Order of the Court of Common Pleas of Allegheny County, Orphans' Court Division, Entered on April 16, 1986 at No. 298 of 1984; Eunice Ross, Judge. Prior Report: 375 Pa. Super. 628, 541 A.2d 36.

COUNSEL

James J. Dodaro, County Sol., Timothy W. Pawol, Laura J. Whiteman, Asst. County Solicitors, Allegheny County Law Dept., Pittsburgh, for appellant.

FOR APPELLEES: Edward A. Schenck, Pittsburgh, for D.J. Doratio.

Patrick T. Narcisi, Pittsburgh, for Robert Doratio.

Nix, C.j., and Larsen, Flaherty, McDermott, Zappala and Papadakos, JJ. Nix, C.j., and Flaherty and Papadakos, JJ., dissent and would affirm the order of the trial court.

Author: Per Curiam

[ 522 Pa. Page 487]

OPINION OF THE COURT

The Superior Court order directing a new hearing is affirmed. The new hearing is to be commenced within thirty days, and any appeals are to be expedited. Custody and visitation are not to be altered.

19890927

© 1998 VersusLaw Inc.



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