Byers v. Kirby

Appellate Division of the Supreme Court of New York

Byers v. Kirby

67 A.D.2d 727, 412 N.Y.S.2d 661, 1979 N.Y. App. Div. LEXIS 10354

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 29, 1979

StatusPublished

Cited by2 cases

This text of 67 A.D.2d 727 (Byers v. Kirby) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Byers v. Kirby, 67 A.D.2d 727, 412 N.Y.S.2d 661, 1979 N.Y. App. Div. LEXIS 10354 (N.Y. Ct. App. 1979).

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Opinion

— In a habeas corpus proceeding pursuant to [728]*728subdivision (b) of section 651 of the Family Court Act to determine custody of a foster child, petitioners appeal from an order of the Family Court, Suffolk County, entered March 29,1978, which dismissed the petition. Order affirmed, without costs or disbursements. Petitioners, if they be so advised, may resort to the administrative review provided in 18 NYCRR 431.10 within 30 days after service upon them of a copy of the order to be entered hereon together with notice of entry thereof. (On the argument of the appeal respondents agreed to waive any defense of time limitations set forth in that rule.) Where, pursuant to subdivision 2 of section 383 and section 400 of the Social Services Law and 18 NYCRR 431.10 (formerly 18 NYCRR 450.10), a county department of social services, which had originally placed a child with foster parents, advises the foster parents of its intent to remove the child, the foster parents must pursue their rights administratively and may not resort in the first instance to habeas corpus proceedings pursuant to subdivision (b) of section 651 of the Family Court Act, to prevent removal of the child pendente lite (People ex rel Ninesling v Nassau County Dept, of Social Servs., 46 NY2d 382; Smith v Organization of Foster Families, 431 US 816). Hopkins, J. P., Suozzi, Rabin and Shapiro, JJ., concur.

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— In a habeas corpus proceeding pursuant to [728]*728subdivision (b) of section 651 of the Family Court Act to determine custody of a foster child, petitioners appeal from an order of the Family Court, Suffolk County, entered March 29,1978, which dismissed the petition. Order affirmed, without costs or disbursements. Petitioners, if they be so advised, may resort to the administrative review provided in 18 NYCRR 431.10 within 30 days after service upon them of a copy of the order to be entered hereon together with notice of entry thereof. (On the argument of the appeal respondents agreed to waive any defense of time limitations set forth in that rule.) Where, pursuant to subdivision 2 of section 383 and section 400 of the Social Services Law and 18 NYCRR 431.10 (formerly 18 NYCRR 450.10), a county department of social services, which had originally placed a child with foster parents, advises the foster parents of its intent to remove the child, the foster parents must pursue their rights administratively and may not resort in the first instance to habeas corpus proceedings pursuant to subdivision (b) of section 651 of the Family Court Act, to prevent removal of the child pendente lite (People ex rel Ninesling v Nassau County Dept, of Social Servs., 46 NY2d 382; Smith v Organization of Foster Families, 431 US 816). Hopkins, J. P., Suozzi, Rabin and Shapiro, JJ., concur.

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Bluebook (online)

67 A.D.2d 727, 412 N.Y.S.2d 661, 1979 N.Y. App. Div. LEXIS 10354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/byers-v-kirby-nyappdiv-1979.

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