Matter of Urena v. Wing

Full title: In the Matter of CARMEN URENA et al., Petitioners, v. BRIAN J. WING, as…

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

Date published: Apr 1, 1999

260 A.D.2d 158 (N.Y. App. Div. 1999)

687 N.Y.S.2d 365

Opinion

April 1, 1999

Determination of respondent State Commissioner of Social Services dated August 20, 1997, affirming a determination of respondents City Commissioner of Social Services and Sheltering Arms Children's Services, removing the subject children from the foster care of petitioners, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Alice Schlesinger, J.], entered on or about March 30, 1998) dismissed, without costs.

Since substantial evidence ( see, e.g., Banks-Nelson v. Bane, 214 A.D.2d 338) supports the finding of prohibited corporal punishment ( see, 18 NYCRR 441.9 [c]), removal of the children from petitioners' foster care was not irrational ( see, Matter of Peters v. McCaffrey, 173 A.D.2d 934, 935).

Concur — Ellerin, P. J., Tom, Wallach and Saxe, JJ.