In re Shaida W.

Appellate Division of the Supreme Court of New York

In re Shaida W.

206 A.D.2d 333, 615 N.Y.S.2d 271, 1994 N.Y. App. Div. LEXIS 13715

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

DecidedJuly 28, 1994

StatusPublished

This text of 206 A.D.2d 333 (In re Shaida W.) 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

In re Shaida W., 206 A.D.2d 333, 615 N.Y.S.2d 271, 1994 N.Y. App. Div. LEXIS 13715 (N.Y. Ct. App. 1994).

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Opinion

Final order of disposition, Family Court, Bronx County (Stewart Weinstein, J.), entered April 12, 1993, which dismissed the petition for an extension of foster care, unanimously affirmed, without costs.

The Family Court properly declined to exercise jurisdiction in this case. The children have been living with their maternal grandmother in San Diego for the past two years under the supervision of the Department of Social Services there. Social Services Law § 374-a ([1] art V) has no application to this case (see, Social Services Law § 374-a [1] art VIII), and the Law Guardian has failed to demonstrate that a relinquishment of jurisdiction by the New York courts ipso facto would result in the children automatically being returned to the natural mother, or that they would be unable to obtain the necessary public assistance and support services in California, regardless of what custodial arrangement ultimately is made. Concur—Rosenberger, J. P., Ellerin, Kupferman, Nardelli and Williams, JJ.

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Final order of disposition, Family Court, Bronx County (Stewart Weinstein, J.), entered April 12, 1993, which dismissed the petition for an extension of foster care, unanimously affirmed, without costs.

The Family Court properly declined to exercise jurisdiction in this case. The children have been living with their maternal grandmother in San Diego for the past two years under the supervision of the Department of Social Services there. Social Services Law § 374-a ([1] art V) has no application to this case (see, Social Services Law § 374-a [1] art VIII), and the Law Guardian has failed to demonstrate that a relinquishment of jurisdiction by the New York courts ipso facto would result in the children automatically being returned to the natural mother, or that they would be unable to obtain the necessary public assistance and support services in California, regardless of what custodial arrangement ultimately is made. Concur—Rosenberger, J. P., Ellerin, Kupferman, Nardelli and Williams, JJ.

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Bluebook (online)

206 A.D.2d 333, 615 N.Y.S.2d 271, 1994 N.Y. App. Div. LEXIS 13715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-shaida-w-nyappdiv-1994.

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