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IN THE MATTER OF SHERNISE C. (RHONDA R)

2010-08309, 2010-10076.

91 A.D.3d 26 (2011)

934 N.Y.S.2d 171

2011 NY Slip Op 8355

In the Matter of SHERNISE C., a Child Alleged to be Abused. ADMINISTRATION FOR CHILDREN'S SERVICES, Petitioner-Respondent; and RHONDA R. et al., Respondents; STEVEN BANKS, Nonparty Appellant.

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

Decided November 15, 2011.

Attorney(s) appearing for the Case

Steven Banks , New York City ( Tamara A. Steckler and Claire V. Merkine of counsel), nonparty appellant pro se.

Michael A. Cardozo , Corporation Counsel, New York City ( Larry A. Sonnenshein and Sharyn Rootenberg of counsel; Chaim E. Bryski on the brief), for petitioner-respondent.

PRUDENTI, P.J., ANGIOLILLO and FLORIO, JJ., concur.

OPINION OF THE COURT

COHEN, J.

"There is no more worthy object of the public's concern" than the welfare of children (Wyman v James, 400 U.S. 309, 318 [1971]). However, in our societal zeal to protect them, our most vulnerable and most valuable asset, we must be careful not to trample upon their constitutional rights. An innocent child should certainly have as much right to be free from an unreasonable search and seizure...

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