*892OPINION OF THE COURT
Order reversed, with costs to appellant against the St. Lawrence County Department of Social Services only, and the petition dismissed for reasons stated in the dissenting opinion by Mr. Justice J. Clarence Herlihy at the Appellate Division (70 AD2d, at pp 195-197; see, also, Matter of Leon RR, 48 NY2d 117).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.