NINESLING v. SOC SERVS.


46 N.Y.2d 382 (1978)

The People of the State of New York ex rel. Joseph Ninesling et al., Appellants, v. Nassau County Department of Social Services, Respondent.

Court of Appeals of the State of New York.

Decided December 1, 1978.


Attorney(s) appearing for the Case

Brian C. Baker for appellants.

Edward G. McCabe, County Attorney (Robert O. Boyhan of counsel), for respondent.

Steven R. Shapiro and Marcia Robinson Lowry for Children's Rights Project of New York Civil Liberties Union, amicus curiae.

Chief Judge BREITEL and Judges JONES and COOKE concur with Judge JASEN; Judge WACHTLER dissents and votes to reverse in an opinion in which Judge GABRIELLI concurs; Judge FUCHSBERG dissents and votes to reverse in a separate dissenting opinion.


JASEN, J.

In this proceeding, appellants, foster parents certified with respondent Nassau County Department of Social Services, seek judicial review of a determination of respondent to remove for the purpose of adoption an infant, Chuck F., placed in appellants' home under the foster care program.

The infant Chuck F., born out of wedlock on November 1, 1976, was placed by his natural mother with respondent...

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