MTR OF SMITH v. LASCARIS


106 Misc.2d 1044 (1980)

In the Matter of Laura L. Smith, Petitioner, v. John L. Lascaris, as Commissioner of Social Services, Respondent.

Family Court, Onondaga County.

October 29, 1980


Attorney(s) appearing for the Case

William F. Drexler for petitioner. James H. Hughes and Paul E. Duda for respondent. John A. Lindauer, Law Guardian.


EDWARD J. McLAUGHLIN, J.

After custody and guardianship of a child has been awarded to an authorized agency in an abandonment proceeding pursuant to section 384-b (subd 4, par [b]) of the Social Services Law, a court should not exercise its jurisdiction over a petition filed by a private person which seeks mere custody of that child. To exercise jurisdiction would circumvent the clear public policy of this State, which is, that a permanent home should...

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