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BANKS-NELSON v. BANE

214 A.D.2d 338 (1995)

625 N.Y.S.2d 131

Gloria Banks-Nelson, Petitioner, v. Mary Jo Bane, as Commissioner of The New York State Department of Social Services, et al., Respondents

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

April 6, 1995

The State Commissioner applied the correct standard of review in holding that the local agency was justified in exercising its discretionary authority to remove the foster children, and this decision was not arbitrary and capricious (see, Matter of Peters v McCaffrey, 173 A.D.2d 934, 935). The law presumes that the best interests of siblings require that they be placed together in foster care. Once the Commissioner had determined...

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