ALEX LL. v. DEPT SOCIAL SERVS.


60 A.D.3d 199 (2009)

872 N.Y.S.2d 569

ALEX LL., Individually and as Parent and Guardian of ALEX MM., an Infant, Appellant, v. DEPARTMENT OF SOCIAL SERVICES OF ALBANY COUNTY et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 22, 2009.


Attorney(s) appearing for the Case

LaFave Law Firm, P.L.L.C., Delmar (Chad A. Jerome of counsel), for appellant.

D'Agostino, Krackeler, Baynes & Maguire, P.C., Albany (Mae A. D'Agostino of counsel), for respondents.

ROSE, LAHTINEN, KAVANAGH and STEIN, JJ., concur.


OPINION OF THE COURT

PETERS, J.P.

This civil rights action stems from plaintiff's half-decade struggle to gain custody of his son (born in 1995). According to plaintiff, from the time the child was taken into the custody of defendant Department of Social Services of Albany County (hereinafter DSS), DSS, through its caseworkers and supervisors, continuously imposed "frivolous and irrelevant" requirements in order...

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