New York Court of Appeals

The Matter of Celinette H.H v. Michelle R.

October 19, 2023

Summary

The Court of Appeals held that the Appellate Division erred in dismissing the mother's appeal for lack of subject matter jurisdiction. Although the mother's standing to seek habeas corpus relief remained unresolved, standing did not deprive the Appellate Division of competence to entertain the appeal; the matter was remitted for an expeditious determination of standing and any other warranted issues. The remaining portion of the appeal was dismissed because it did not finally determine a proceeding within the meaning of the Constitution.