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MATTER OF DAVID G.

280 A.D.2d 477 (2001)

720 N.Y.S.2d 179

In the Matter of DAVID G. COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES OF THE CITY OF NEW YORK, Respondent; MICHAEL G., Respondent; DANA PHILLIPS, Intervenor-Appellant.

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

Decided February 5, 2001.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The Family Court abused its discretion in refusing to release the intervenor-mother from custody in view of the fact that she was unable to "perform the act or duty, required to be * * * performed, in order to entitle [her] to be released" (Judiciary Law § 775). Specifically, she could not produce her son as directed by the Family Court because a California court had awarded...

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