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Matter of Rivers v. Womack

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1991
178 A.D.2d 532 (N.Y. App. Div. 1991)

Opinion

December 16, 1991

Appeal from the Family Court, Kings County (Tejada, J.).


Ordered that the order is affirmed, without costs or disbursements.

We agree with the Family Court that the petitioner foster mother does not have standing to initiate a custody proceeding (see, Matter of Minella v Amhrein, 131 A.D.2d 578, 579; Matter of Michael W., 120 A.D.2d 87, 92; Katie B. v Miriam H., 116 A.D.2d 545, 546; Little Flower Children's Servs. v Andrew C., 144 Misc.2d 671, 676). Social Services Law § 383 (3) provides only that "[f]oster parents having had continuous care of a child, for more than twelve months * * * shall be permitted * * * to intervene in any proceeding involving * * * custody" (emphasis supplied). Contrary to the petitioner's contention, her informal agreement with the natural mother prior to formally assuming the role of a foster parent does not afford standing (cf., Matter of Anonymous v Olson, 112 A.D.2d 299).

We have examined the petitioner's remaining contentions and find them to be without merit. Mangano, P.J., Lawrence, Rosenblatt and O'Brien, JJ., concur.


Summaries of

Matter of Rivers v. Womack

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1991
178 A.D.2d 532 (N.Y. App. Div. 1991)
Case details for

Matter of Rivers v. Womack

Case Details

Full title:In the Matter of JOAN RIVERS, Appellant, v. MOZELLE WOMACK, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 16, 1991

Citations

178 A.D.2d 532 (N.Y. App. Div. 1991)
577 N.Y.S.2d 322

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