People ex rel. Uviller v. Luger

Appellate Division of the Supreme Court of New York

People ex rel. Uviller v. Luger

53 A.D.2d 729, 384 N.Y.S.2d 47, 1976 N.Y. App. Div. LEXIS 13500

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

DecidedJune 3, 1976

StatusPublished

This text of 53 A.D.2d 729 (People ex rel. Uviller v. Luger) 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

People ex rel. Uviller v. Luger, 53 A.D.2d 729, 384 N.Y.S.2d 47, 1976 N.Y. App. Div. LEXIS 13500 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a judgment of the County Court of Columbia County, entered March 19, 1975, which dismissed a writ of habeas corpus after a hearing. The sole issue raised on this appeal concerns the constitutionality of subdivision (b) of section 712 of the Family Court Act. [730]*730The section provides: " 'Person in need of supervision’ means [one] who is incorrigible, ungovernable or habitually disobedient and beyond the lawful control of parent or other lawful authority”. This court is constrained to reject petitioner’s constitutional challenge to subdivision (b) of section 712 of the Family Court Act and affirm the judgment appealed from (Matter of Tomasita N., 30 NY2d 927, app dsmd sub nom. Matter of Negron, 409 US 1052; see, also, Matter of Ellery C., 32 NY2d 588; Matter of Patricia A., 31 NY2d 83; Mercado v Rockefeller, 502 F2d 666; Douglas J. Besharov, Practice Commentaries, McKinney’s Cons Laws of NY, Book 29A, Family Ct Act, § 712, pp 561-562). Judgment affirmed, without costs. Koreman, P. J., Greenblott, Main, Larkin and Reynolds, JJ., concur.

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Appeal from a judgment of the County Court of Columbia County, entered March 19, 1975, which dismissed a writ of habeas corpus after a hearing. The sole issue raised on this appeal concerns the constitutionality of subdivision (b) of section 712 of the Family Court Act. [730]*730The section provides: " 'Person in need of supervision’ means [one] who is incorrigible, ungovernable or habitually disobedient and beyond the lawful control of parent or other lawful authority”. This court is constrained to reject petitioner’s constitutional challenge to subdivision (b) of section 712 of the Family Court Act and affirm the judgment appealed from (Matter of Tomasita N., 30 NY2d 927, app dsmd sub nom. Matter of Negron, 409 US 1052; see, also, Matter of Ellery C., 32 NY2d 588; Matter of Patricia A., 31 NY2d 83; Mercado v Rockefeller, 502 F2d 666; Douglas J. Besharov, Practice Commentaries, McKinney’s Cons Laws of NY, Book 29A, Family Ct Act, § 712, pp 561-562). Judgment affirmed, without costs. Koreman, P. J., Greenblott, Main, Larkin and Reynolds, JJ., concur.

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Bluebook (online)

53 A.D.2d 729, 384 N.Y.S.2d 47, 1976 N.Y. App. Div. LEXIS 13500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-uviller-v-luger-nyappdiv-1976.

Opinion

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