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MATTER OF SOC. SERVS. (HENRI H.)

159 Misc.2d 345 (1993)

604 N.Y.S.2d 471

In the Matter of the Commissioner of Social Services, on Behalf of Alexandria H., a Child Alleged to be Neglected. Henri H., Respondent.

Family Court, Kings County.

October 22, 1993

Attorney(s) appearing for the Case

Paul J. O'Dwyer, New York City, for respondent. Legal Aid Society, Brooklyn (Dorothy McCormack of counsel), Law Guardian. O. Peter Sherwood, Corporation Counsel of New York City, Brooklyn (Jane S. Blank of counsel), for Commissioner of Social Services.

PAULA J. HEPNER, J.

The question before this court, apparently one of first impression, is whether the release of this child to the custody of her mother, upon the filing of a child protective proceeding, constitutes a "removal" under section 1028 of the Family Court Act which entitles the respondent father, who was awarded joint custody of the child, to a hearing for the child's immediate return. Respondent...

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