MATTER OF CARLA


45 A.D.2d 375 (1974)

In the Matter of CARLA L. The People of the State of New York ex rel. Sara R., on Behalf of Roslyn R. and Another, Infants, Respondent and Cross-Appellant, v. Jules Sugarman, as Commissioner of Social Services in The City of New York, et al., Appellants and Cross-Respondents In the Matter of Irene F. and Another In the Matter of Sara R.

Appellate Division of the Supreme Court of the State of New York, First Department.

July 9, 1974.


Attorney(s) appearing for the Case

William R. Dalsimer of counsel (Philip C. Segal and Louise Gruner Gans with him on the brief; Stephen M. Latimer, attorney), for respondent in first above-entitled proceeding.

Louise Gruner Gans (Albert D. Angeloro with her on the brief), for Sara R., respondent and cross-appellant in second above-entitled proceeding.

Alfred Reinharz, Law Guardian for infants in second above-entitled proceeding.

John E. Halpin of counsel (Bodell, Gross & Magovern, attorneys), for New York Foundling Hospital, appellant and cross-respondent.

Gerald Goldfeder of counsel (Robbins & Goldfeder, attorneys), for foster mother, appellant in third above-entitled proceeding.

David I. Barrett, Law Guardian for infants in third above-entitled proceeding.

Edward J. Quinlan for natural parent, respondent in third above-entitled proceeding.

Robert A. Shuster of counsel (Joseph R. Carrieri with him on the brief; Fritz, O'Brien & Farrell, attorneys), for St. Christopher's Home, respondent.

Louise Gruner Gans for Sara R., appellant in fourth above-entitled proceeding.

John E. Halpin of counsel (Bodell, Gross & Magovern, attorneys), for New York Foundling Hospital, respondent.

L. Kevin Sheridan of counsel (Adrian P. Burke, Corporation Counsel), for Commissioner of Social Services of the City of New York in each of the above-entitled proceedings.

MARKEWICH, J. P., and CAPOZZOLI, J., concur with LUPIANO, J.; KUPFERMAN and STEUER, JJ., concur in part and dissent in part as to appeal in third above-entitled proceeding in an opinion by KUPFERMAN J.


LUPIANO, J.

Each of these appeals involves (1) the propriety of allowing disclosure of certain confidential records provided and maintained by the Commissioner of Social Services and other specified authorized agencies, and (2) the seeming conflict between sections 372 and 392 of the Social Services Law in respect of the jurisdiction and authority of the Family Court. Before individually delineating each of these...

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