People ex rel. Turner v. Hembrooke

Appeal from an order of the Family Court of Chemung County (Hayden, J.), entered April 3, 2003, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner and respondent resided together from 1990 to 2000. In December 1994, petitioner gave birth to a child conceived through artificial insemination. Thereafter, pursuant to Matter of Jacob (86 NY2d 651 [1995]), respondent adopted the child in September 1996, “becoming] the child’s second parent” (id. at 656). The relationship of petitioner and respondent…