Legal Opinion
Conchita J. v. Scopetta
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 2000PublishedCited by 3 opinions
1Opinion of the Court
In a habeas corpus proceeding, the petitioner appeals from an order of the Family Court, Queens County (Salintro, J.), dated May 24, 1999, which, after a hearing, denied the petition.
Ordered that the order is affirmed, without costs or disbursements.
A writ of habeas corpus is not the proper procedure to seek review of the Family Court’s fact-finding order of neglect entered upon the mother’s default (see, People ex rel. Backus v Broome County Dept. of Social Servs., 240 AD2d 786, 787-788; Matter of Eddie J., 273 AD2d 239 [decided herewith]). The proper procedure is to move to vacate the…
2Cases cited4 opinions
- In re Vanessa M.Appellate Division of the Supreme Court of the State of New York · 1999
- People ex rel. Backus v. Broome County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1997
- Hurst v. HurstAppellate Division of the Supreme Court of the State of New York · 1996
- M. Kaufman 42nd Street Co. v. Board of Assessors of Atlantic BeachAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by3 opinions
- Palmiotti v. PiscitelliAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Mills v. HolleyAppellate Division of the Supreme Court of the State of New York · 2024
- Palmiotti v. PiscitelliAppellate Division of the Supreme Court of the State of New York · 2012