IN RE: Application of Carmen URENA (1999)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Application of Carmen URENA, et al., Petitioners, For a Judgment, etc., v. Brian J. WING, as State Commissioner of Social Services, et al., Respondents.

Decided: April 01, 1999

ELLERIN, P.J., TOM, WALLACH and SAXE, JJ.

Richard Jay Warren, for petitioners. Thomas B. Litsky, Stuart D. Smith, Vincent J. Maroney, for respondents.

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., Matter of Banks-Nelson v. Bane, 214 A.D.2d 338, 625 N.Y.S.2d 131) 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, 569 N.Y.S.2d 797).

MEMORANDUM DECISION.

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