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HUANG v. JOHNSON

96 N.Y.2d 599 (2001)

760 N.E.2d 341

734 N.Y.S.2d 553

MICHELLE HUANG, as Next of Friend of RAYMOND YU, a Minor, Appellant, v. JOHN A. JOHNSON, Commissioner for the Office of Children and Family Services, Formerly Known as the Division for Youth, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 15, 2001.

Attorney(s) appearing for the Case

Lawrence Katz, Uniondale, for appellant.

Eliot Spitzer, Attorney General, New York City (David Lawrence III, Preeta D. Bansal, Michael S. Belohlavek and Mark Gimpel of counsel), for respondents.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

LEVINE, J.

Plaintiff Michelle Huang commenced this Federal civil rights action alleging that her minor son, Raymond Yu, was falsely imprisoned.

In 1996, Yu was adjudicated a juvenile delinquent for attempted assault in the second degree and placed for 18 months with the State Division for Youth, predecessor to the Office of Children and Family Services (OCFS). Yu's scheduled release date was September 13, 1997.

Yu was...

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