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PEOPLE (CALVERT) v. SCHALL

137 Misc.2d 331 (1987)

The People of the State of New York ex rel. Elizabeth S. Calvert, as Law Guardian, on Behalf of Carlos Sepulveda, Petitioner, v. Ellen Schall, as Commissioner of the New York City Department of Juvenile Justice, Respondent.

Supreme Court, Bronx County.

August 11, 1987

Attorney(s) appearing for the Case

Leonore Gittis and Elizabeth Stuart Calvert pro se, for petitioner. Peter L. Zimroth, Corporation Counsel (James T. Clemente of counsel), for respondent.

NORMAN C. RYP, J.

A. ISSUE

Whether juvenile, detained for 21 days for failure of New York City agencies to be ready for 20 days is entitled to habeas corpus relief where Family Court Judge adjourns the dispositional hearing an additional 10 days for "special circumstances" under Family Court Act § 350.1 (5), based solely upon juvenile's absconding a nonsecure detention facility for 13 hours?...

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