Catholic Family Center v. Doe

• Citation: 538 N.Y.S.2d 742,147 A.D.2d 977
• Parties: The CATHOLIC FAMILY CENTER, an Agency of the Catholic Charities of the Diocese of Rochester, Respondents, v. John DOE and Mary Doe, Appellants.
• Decision Date: 03 February 1989
• Court: New York Supreme Court Appellate Division

Page 742

538 N.Y.S.2d 742

147 A.D.2d 977

The CATHOLIC FAMILY CENTER, an Agency of the Catholic

Charities of the Diocese of Rochester, Respondents, v. John DOE and Mary Doe, Appellants.

Supreme Court of New York, Appellate Division,

Fourth Department.

February 3, 1989

Johnson, Mullan, Brundage and Keigher, P.C., by Karolyne Armer, Rochester, for appellants. Osborn, Reed, Van de Vate & Burke, by Michael Tobin, Rochester, for respondents.

Robert Abrams, Atty. Gen., by Michael Buskus, Albany, for intervenor. Judgment unanimously affirmed without costs (see, Catholic Charities of the Roman Catholic Diocese of Syracuse v. Barber, 109 Misc.2d 25, 439 N.Y.S.2d 603, affd. 84 A.D.2d 966, 449 N.Y.S.2d 449). Memorandum: We add only that appellants' contentions that the provisions of the Social Services Law as here applied violate their equal protection and due process rights under either the Constitution of the United States or the Constitution of this state were not raised in the Family Court and thus have not been preserved for appellate review (see, Tumolillo v. Tumolillo, 51 N.Y.2d 790, 433 N.Y.S.2d 89, 412 N.E.2d 1315; Arvantides v. Arvantides, 106 A.D.2d 853, 483 N.Y.S.2d 550, affd. 64 N.Y.2d 1033, 489 N.Y.S.2d 58, 478 N.E.2d 199; City of Rochester v. Chiarella, 86 A.D.2d 110, 449 N.Y.S.2d 112, affd. 58 N.Y.2d 316, 461 N.Y.S.2d 244, 448 N.E.2d 98; Marine Midland Bank-Central v. Gleason, 62 A.D.2d 429, 405 N.Y.S.2d 334 [4th Dept. 1978], affd. 47 N.Y.2d 758, 417 N.Y.S.2d 458, 391 N.E.2d 294; 4 NY Jur, Appellate Review § 117, at 187). (Appeal from Order of Monroe County Family Court, Maas, J.--Habeas Corpus.)

DENMAN, J.P., and BOOMER, PINE and DAVIS, JJ., concur.