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LHOTAN v. D'ELIA

No. 76 C 1091.

415 F.Supp. 826 (1976)

Dorothy and George LHOTAN as next friends of Cheryl and Patricia Wallace, Petitioners, v. Joseph D'ELIA, Commissioner of the Nassau County Department of Social Services, Respondent.

United States District Court, E. D. New York.

June 30, 1976.

Attorney(s) appearing for the Case

Marcia Robinson Lowry, New York City, for petitioners.

James M. Catterson, Jr., County Atty. of Nassau County, Mineola, N. Y., for respondent, by James N. Gallagher, Deputy County Atty., Mineola, N. Y., of counsel.

Seligman & Stein, Mineola, N. Y., for natural parent.

BRUCHHAUSEN, Senior District Judge.

The petitioners apply to this Court for a Writ of Habeas Corpus whereby they seek an order, directing the respondent to place Cheryl and Patricia Wallace as foster children in the home of the petitioners, Dorothy and George Lhotan, or, in the alternative, directing respondent to discharge the children from custody so that they may live with the petitioners.

The respondent moves to dismiss the petition upon the following...

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