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PEOPLE EX REL. WALLACE v. LHOTAN

80 Misc.2d 464 (1974)

The People of the State of New York ex rel. Patricia A. Wallace, on Behalf of Cheryl L. Wallace, et al., Petitioners, v. George Lhotan et al., Respondents.

Supreme Court, Special Term, Nassau County.

December 12, 1974

Attorney(s) appearing for the Case

John C. Schaeffer, Jr., and Seth P. Stein for petitioners. Marcia Robinson Lowry and Peter Bienstock for George Lhotan and another, respondents. John F. O'Shaughnessy, County Attorney (Jack Olchin of counsel), for County of Nassau.

BERNARD F. McCAFFREY, J.

The threshold question involved here is one of jurisdiction. That is, do the provisions of CPLR 7003 (subd. [a]) require dismissal of a writ of habeas corpus brought by a natural mother in the Supreme Court of the State of New York to regain custody of her children where there is a pending stay issued by the United States District Court for the Southern District restraining the Commissioner of the Department of Social Services...

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