Majority
p. 767[954 NYS2d 483]
The People of the State of New York ex rel. Shirley X.S., Appellant, v Forrest R., Respondent; Administration for Children’s Services, Nonparty Respondent.
p. 768
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 AD2d 578 , 579 [1987]; People ex rel. Morgan v Morgan, 79 AD2d 1060 [1981]), 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. (Shirley X.S.), 101 AD3d 734 [2012] [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 AD2d 729 [1985]; People ex rel. Melvin v Warden Orange County Jail, 94 AD2d 808 [1983]; Matter of Raysor v Stern, 68 AD2d 786 [1979], cert denied 446 US 942 [1980]). Dillon, J.P., Austin, Sgroi and Cohen, JJ., concur.
Cases cited
- Minella v. Amhrein 131 AD2d 578 at 579 p. 768
- People ex rel. Morgan v. Morgan 79 AD2d 1060 p. 768
- In re Forrest S.-R. 101 AD3d 734 p. 768
- Raysor v. Stern 68 AD2d 786 p. 768