People ex rel. Intner v. Surles

OPINION OF THE COURT

Lewis R. Friedman, J.

This habeas corpus proceeding challenges respondent’s custody of Noel Harris at Bronx Children’s Psychiatric Center. Petitioner, the Law Guardian appointed by the Family Court, contends that the Family Court lacked the power to order Noel Harris’ custody at respondent’s facility.

The case presents the question, not decided in the reported cases, of whether a person who has filed a petition to have a child determined to be a person in need of supervision (PINS) may withdraw that petition as of right.

The operative facts are not in dispute. On January 17,…