MATTER OF RICKY RALPH M.


56 N.Y.2d 77 (1982)

In the Matter of Ricky Ralph M., an Infant, by Marjorie W., His Guardian and Parent, Appellant. Onondaga County Department of Social Services, Respondent.

Court of Appeals of the State of New York.

Decided May 18, 1982.


Attorney(s) appearing for the Case

Charles E. Blitman, George T. Dunn and Gerald T. Barth for appellant.

Ira S. Dubnoff and James H. Hughes for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur.


FUCHSBERG, J.

Substantively, we hold that, since the termination of parental rights must be predicated on one or more of the grounds specifically enumerated in section 384-b of the Social Services Law, none of which include "unfitness" as such, it could not be based on a finding of the latter alone. Procedurally, we further hold that a habeas corpus proceeding to obtain custody of a child is not an appropriate...

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