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MATTER OF LITTLE FLOWER CHILDREN'S SERVS. v. NEW YORK STATE DEP'T OF SOC SERVS.

173 A.D.2d 191 (1991)

In the Matter of Little Flower Children's Services, Appellant, v. New York State Department of Social Services et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 7, 1991

This court concurs in the trial court's finding of lack of merit to the petition herein, on both substantive and procedural grounds. The plain meaning of Social Services Law § 400 allows for a fair hearing upon application of the foster parents whenever a child is removed from a foster family home (Smith v Organization of Foster Families, 431 U.S. 816, 831, n 28). Additionally, the petition was untimely (CPLR 217), petitioner-appellant...

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