MATTER OF THEEL v. ERIE COUNTY DEP'T OF SOC SERVS.


209 A.D.2d 1039 (1994)

619 N.Y.S.2d 1001

In the Matter of Julie Theel et al., Petitioners, v. Erie County Department of Social Services et al., Respondents

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

November 16, 1994


Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

The determination to remove the child from petitioners' foster care is supported by substantial evidence and is neither arbitrary nor capricious (see, Matter of O'Rourke v Kirby, 54 N.Y.2d 8, 14). The removal decision was based upon the strong public policy favoring placement of the child with his siblings (see, Social...

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