Julien v. New York State Department of Social Services

Appellate Division of the Supreme Court of New York

Julien v. New York State Department of Social Services

193 A.D.2d 421, 597 N.Y.S.2d 353, 1993 N.Y. App. Div. LEXIS 4783

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

DecidedMay 11, 1993

StatusPublished

This text of 193 A.D.2d 421 (Julien v. New York State Department of Social Services) 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.

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Julien v. New York State Department of Social Services, 193 A.D.2d 421, 597 N.Y.S.2d 353, 1993 N.Y. App. Div. LEXIS 4783 (N.Y. Ct. App. 1993).

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Opinion

—Determination of respondent State Department of Social Services, dated November 4, 1991, which after a hearing, found that the petitioner was not entitled to foster care benefits for her sister’s children from September 1990 to May 1991, unanimously confirmed, the petition denied and the proceeding (transferred to this Court by order of the Supreme Court, New York County [Eugene Nardelli, J.], entered May 20, 1992) dismissed, without costs.

Respondent properly denied petitioner foster care benefits since the petitioner was not a certified kinship foster parent (Matter of Coop. 140 Misc 2d 951). A change of custody from a parent to a relative pursuant to an informal oral agreement cannot serve as a basis for payment of foster care benefits. Thus, the determination is supported by substantial evidence. Concur—Murphy, P. J., Rosenberger, Ross, Asch and Kassal, JJ.

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—Determination of respondent State Department of Social Services, dated November 4, 1991, which after a hearing, found that the petitioner was not entitled to foster care benefits for her sister’s children from September 1990 to May 1991, unanimously confirmed, the petition denied and the proceeding (transferred to this Court by order of the Supreme Court, New York County [Eugene Nardelli, J.], entered May 20, 1992) dismissed, without costs.

Respondent properly denied petitioner foster care benefits since the petitioner was not a certified kinship foster parent (Matter of Coop. 140 Misc 2d 951). A change of custody from a parent to a relative pursuant to an informal oral agreement cannot serve as a basis for payment of foster care benefits. Thus, the determination is supported by substantial evidence. Concur—Murphy, P. J., Rosenberger, Ross, Asch and Kassal, JJ.

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193 A.D.2d 421, 597 N.Y.S.2d 353, 1993 N.Y. App. Div. LEXIS 4783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/julien-v-new-york-state-department-of-social-services-nyappdiv-1993.

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