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MTR. OF GILL v. SMITH

86 Misc.2d 428 (1976)

In the Matter of Merrill Gill et al., Petitioners, v. J. Henry Smith, as Commissioner of Social Services of the City of New York, et al., Respondents. The People of the State of New York ex rel. Spence-Chapin Services to Families and Children, on Behalf of Norawadonnah Cuffey and another, Petitioner, v. Merrill Gill et al., Respondents.

Supreme Court, Special Term, New York County.

April 8, 1976

Attorney(s) appearing for the Case

Sidney J. Guran for Merrill Gill and another, petitioners. J. Bernard Richland, Corporation Counsel (Miriam Gelfand of counsel), for J. Henry Smith, respondent. Gruberg, McKay, O'Keefe & Barranco (George Gruberg of counsel) for Spence-Chapin Services to Families and Children, petitioner.

BEATRICE SHAINSWIT, J.

The CPLR article 78 and habeas corpus proceedings on the calendar of April 6, 1976, are consolidated for disposition.

This case comes before the court as an emergency. By way of petition for a writ of habeas corpus, the Spence-Chapin Services to Families and Children seeks the removal of two children from a foster home, in accordance with a determination by the Department of Social...

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