Legal Opinion · Concurrence

In re Michael B.

New York Court of Appeals

Decided October 29, 1992Published

1ConcurrenceBellacosa, J.

I agree with Judge Kaye’s opinion for the Court that Social Services Law § 392 (6) (b) cannot be used to award permanent custody to foster parents within that statute’s intended operation and integrated structure. I concur in the reversal result in this case solely for that reason, noting additionally that a contrary interpretation of that key provision, as used by the Appellate Division, would have internally contradictory implications in the field of temporary foster child placement. While I prefer an affirmance result because that might more likely conclude the litigation and allow Michael…

2Cases cited4 opinions

  1. Bennett v. JeffreysNew York Court of Appeals · 1976
  2. Bennett v. MarrowAppellate Division of the Supreme Court of the State of New York · 1977
  3. In re Michael B.Appellate Division of the Supreme Court of the State of New York · 1991
  4. In re Michael B.Appellate Division of the Supreme Court of the State of New York · 1992

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