People ex rel. Shirley X. S. v Forrest R.

People v Forrest R. 2012 NY Slip Op 08352 Decided on December 5, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 5, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
JEFFREY A. COHEN, JJ.
2011-08937
(Index No. 17631/11)

[*1]The People of the State of New York, ex rel., Shirley X. S. (Anonymous), appellant,

v

Forrest R. (Anonymous), respondent- respondent; Administration for Children's Services, nonparty-respondent. Mark Diamond, New York, N.Y., for appellant.




Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry
A. Sonnenshein and Diana Lawless of counsel), for nonparty-
respondent.
Steven Banks, New York, N.Y. (Tamara A. Steckler and Judith
Stern of counsel), attorney for the
child.


DECISION & ORDER

In a habeas corpus proceeding, the mother appeals from a judgment of the Supreme Court, Kings County (Rothenberg, J.), dated August 11, 2011, which upon declining jurisdiction, in effect, dismissed the petition, and referred all issues raised therein to the Family Court, Kings County.

ORDERED that the judgment is affirmed, without costs or disbursements.

The issues raised in the instant proceeding were properly referred to the Family Court, Kings County, where related matters were pending (see Matter of Minella v Amhrein, 131 AD2d 578, 579; People ex rel. Morgan v Morgan, 79 AD2d 1060), and an order dated August 24, 2010, had been entered from which an appeal to this Court was pending (see Matter of Forrest S. R., AD3d [decided herewith]). A habeas corpus proceeding is not a method of seeking collateral review of a determination in lieu of an appeal (see People ex rel. Williams v Scully, 107 AD2d 729; People ex rel. Melvin v Warden Orange County Jail, 94 AD2d 808; Matter of Raysor v Stern, 68 AD2d 786, cert denied 446 US 942).
DILLON, J.P., AUSTIN, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino [*2]

Clerk of the Court