Opinion
2012-12-5
The PEOPLE, etc., 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.
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.
*484Steven Banks, New York, N.Y. (Tamara A. Steckler and Judith Stern of counsel), attorney for the child.
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 A.D.2d 578, 579, 516 N.Y.S.2d 494;People ex rel. Morgan v. Morgan, 79 A.D.2d 1060, 435 N.Y.S.2d 165), 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., 101 A.D.3d 734, 954 N.Y.S.2d 482 [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 A.D.2d 729, 484 N.Y.S.2d 90;People ex rel. Melvin v. Warden Orange County Jail, 94 A.D.2d 808, 462 N.Y.S.2d 1022;Matter of Raysor v. Stern, 68 A.D.2d 786, 418 N.Y.S.2d 713,cert. denied 446 U.S. 942, 100 S.Ct. 2166, 64 L.Ed.2d 796).