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GOLDSTEIN v. LAVINE

100 Misc.2d 126 (1979)

Marvin Goldstein et al., Petitioners, v. Abe Lavine, as Executive Director of the Jewish Child Care Association, et al., Respondents.

Supreme Court, Special Term, New York County.

June 1, 1979

Attorney(s) appearing for the Case

Marcia Robinson Lowry and Steven R. Shapiro for petitioners. Bodell & Magovern (David Berman and Gerald E. Bodell of counsel), for Abe Lavine, respondent. Louis J. Lefkowitz, Attorney-General (William J. Lee of counsel), for Barbara Blum, as Commissioner of the New York State Department of Social Services, respondent. Allen G. Schwartz, Corporation Counsel (George S. Mihalko and Hyman Frankel of counsel), for Carol Parry, as Assistant Commissioner of the New York City Department of Social Services and another, respondents.

BENTLEY KASSAL, J.

This case involves a novel issue in the field of foster care and, specifically, the rapidly expanding area of constitutional rights for the foster children and parents.

ISSUE

The central issue in this article 78 proceeding is what rights do foster parents have to challenge the decision of a foster care agency (1) removing the foster children from their home or (2) failing...

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