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People v. Director, St. Mary's Children

Appellate Division of the Supreme Court of New York, Second Department
Jul 21, 2003
307 A.D.2d 330 (N.Y. App. Div. 2003)

Opinion

2002-09686

Argued March 7, 2003.

July 21, 2003.

In a habeas corpus, proceeding the petitioner appeals from a judgment of the Supreme Court, Nassau County (Wexner, J.), entered October 16, 2002, which denied the petition and dismissed the proceeding.

Mischel, Neuman Horn, P.C., New York, N.Y. (Richard E. Mischel and Salvatore J. Marinello pro se of counsel), for appellant.

Warren Warren, P.C., Brooklyn, N.Y. (Ira Eras of counsel), for respondent St. Mary's Children and Family Services.

Eliot Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and Oren L. Zeve of counsel), for respondent New York State Office of Children and Family Services.

Lorna B. Goodman, County Attorney, Mineola, N.Y. (Dennis J. Saffran and David B. Goldin of counsel), for respondent Kenneth S. Diamond.

Before: ANITA R. FLORIO, J.P., SONDRA MILLER, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, without costs or disbursements.

Contrary to the petitioner's contention, Kristian G.'s placement in a secure juvenile facility for a reduced period of eight months reflected the time he spent in the St. Mary's Home awaiting a disposition by the Family Court.

The petitioner's remaining contentions are without merit.

Accordingly, the petition was properly dismissed.

FLORIO, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.


Summaries of

People v. Director, St. Mary's Children

Appellate Division of the Supreme Court of New York, Second Department
Jul 21, 2003
307 A.D.2d 330 (N.Y. App. Div. 2003)
Case details for

People v. Director, St. Mary's Children

Case Details

Full title:THE PEOPLE, ETC., EX REL., SALVATORE J. MARINELLO, o/b/o KRISTIAN G…

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

Date published: Jul 21, 2003

Citations

307 A.D.2d 330 (N.Y. App. Div. 2003)
762 N.Y.S.2d 509