In re Mercyfirst
Appellate Division of the Supreme Court of the State of New York
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
- Bickwid v. DeutschAppellate Division of the Supreme Court of the State of New York · 1996
- Fish v. HornNew York Court of Appeals · 1964
- In re Jillana C.Appellate Division of the Supreme Court of the State of New York · 2003
3Cited by1 opinion
- Parrella v. FreelyAppellate Division of the Supreme Court of the State of New York · 2011