Legal Opinion

In re Mercyfirst

Appellate Division of the Supreme Court of the State of New York

Decided March 29, 2011PublishedCited by 1 opinion

1Opinion of the Court

“Family Court Act § 1056 does not authorize the issuance of *1222an order of protection on behalf of [a foster care agency’s] employees” (Matter of Robert B.-H. [Robert H.], 81 AD3d 940, 941 [2d Dept 2011]). “Mercyfirst’s caseworkers do not. fit within any of the classes of persons in whose favor an order of protection may be issued” (id.; see Family Ct Act § 1056). Accordingly, the Family Court properly vacated the temporary order of protection (see Matter of Robert B.-H. [Robert H.], 81 AD3d 940, 941 [2011]).

Further, since the Family Court had no power to issue the temporary order of protection…

2Cases cited3 opinions

  1. Bickwid v. DeutschAppellate Division of the Supreme Court of the State of New York · 1996
  2. Fish v. HornNew York Court of Appeals · 1964
  3. In re Jillana C.Appellate Division of the Supreme Court of the State of New York · 2003

3Cited by1 opinion

  1. Parrella v. FreelyAppellate Division of the Supreme Court of the State of New York · 2011

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