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MATTER OF ZAVION O.

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173 A.D.3d 28 (2019)

101 N.Y.S.3d 282

2019 NY Slip Op 03554

In the Matter of ZAVION O., an Infant, Appellant. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; DONNA O., Respondent, et al., Respondent. In the Matter of SERENITY R.L., an Infant, Appellant. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent, et al., Respondents.

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

Decided May 7, 2019.

Attorney(s) appearing for the Case

Dawne A. Mitchell , The Legal Aid Society, New York City ( Israel T. Appel of counsel), for appellants.

Zachary W. Carter , Corporation Counsel, New York City ( Daniel Matza-Brown and Fay Ng of counsel), for Administration for Children's Services, respondent.

Center for Family Representation, Inc., New York City ( Maura A. Keating of counsel), for Donna O., respondent.

Karen Freedman , Lawyers for Children, Inc., New York City ( Betsy Kramer of counsel), and Karen Simmons , The Children's Law Center, Brooklyn ( Louise Feld of counsel), for amici curiae.

RICHTER, J.P., MANZANET-DANIELS, KAHN and SINGH, JJ., concur.

OPINION OF THE COURT

These cases, consolidated for appeal, present the recurring issue whether Family Court Act § 153, relied on by Family Court, authorizes the issuance of a warrant for the protective arrest of a child who is neither a respondent nor a witness in a family court proceeding for purposes of ensuring the child...

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