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Theel v. Erie County Deparment of Social Services

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1994
209 A.D.2d 1039 (N.Y. App. Div. 1994)

Opinion

November 16, 1994

Appeal from the Supreme Court, Erie County, Cosgrove, J.

Present — Green, J.P., Wesley, Callahan, Doerr and Boehm, JJ.


Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination to remove the child from petitioners' foster care is supported by substantial evidence and is neither arbitrary nor capricious (see, Matter of O'Rourke v Kirby, 54 N.Y.2d 8, 14). The removal decision was based upon the strong public policy favoring placement of the child with his siblings (see, Social Services Law § 384-a [1-a]; Family Ct Act § 1027-a; 18 NYCRR 431.10 [a]), together with evidence that the benefits of uniting the child with his brother will outweigh any harm that may result from removing the child from his current foster parents.


Summaries of

Theel v. Erie County Deparment of Social Services

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1994
209 A.D.2d 1039 (N.Y. App. Div. 1994)
Case details for

Theel v. Erie County Deparment of Social Services

Case Details

Full title:In the Matter of JULIE THEEL et al., Petitioners, v. ERIE COUNTY…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 16, 1994

Citations

209 A.D.2d 1039 (N.Y. App. Div. 1994)
619 N.Y.S.2d 1001

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