Queal v. Perales — 122 A.D.2d 542

Majority

p. 542

Diana Queal, Individually and as the Parent and Natural Guardian of Heather M. Queal, an Infant, Respondent, v

p. 543

Cesar A. Perales, as Commissioner of the New York State Department of Social Services, Appellant, and Jean Wagoner, as Commissioner of the Jefferson County Department of Social Services, Respondent.

— Judgment, insofar as appealed from, unanimously reversed, on the law, without costs, and judgment granted declaring 18 NYCRR 352.29 (h) valid as applied to minor children. Same memorandum as in Hutchins v Perales ( 122 AD2d 541 ). (Appeal from judgment of Supreme Court, Jefferson County, McLaughlin, J. — declaratory judgment.) Present — Callahan, J. P., Denman, Boomer, Green and Balio, JJ. [See, 126 Misc 2d 692 .]

Cases cited

Hutchins ex rel. Hutchins v. Perales 122 AD2d 541 N.Y. App. Div. 1986-07-11 p. 543
Queal v. Perales 126 Misc 2d 692 N.Y. Sup. Ct. 1984-12-13 p. 543