| People ex rel. Karen FF. v Ulster County Dept. of Social Servs. |
| 2010 NY Slip Op 08821 [79 AD3d 1187] |
| December 2, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York ex rel. Karen FF., Appellant, vUlster County Department of Social Services, Respondent, et al.,Respondents. |
—[*1] Heather D. Harp, Ulster County Department of Social Services, Kingston, for respondent. Daniel Gartenstein, Kingston, attorney for the child. Marian B. Cocose, Bearsville, attorney for the children.
Rose, J.P. Appeal from an order of the Family Court of Ulster County (Mizel, J.), enteredFebruary 2, 2009, which dismissed a writ of habeas corpus, in a proceeding pursuant to CPLR article70, without a hearing.
Petitioner consented to a finding that she neglected her three children and to an order of dispositionplacing them with respondent Ulster County Department of Social Services. Over one year after entryof the order, she commenced this proceeding seeking a writ of habeas corpus for the return of herchildren. Family Court dismissed the petition without a hearing, and we affirm.
A habeas corpus proceeding is unwarranted where full relief may be obtained by way of a directappeal or collateral motion, and departure from such "orderly proceedings . . . should be[*2]permitted only when dictated by reasons of practicality andnecessity" (People ex rel. Alan PP. v Dunston, 114 AD2d 678, 679 [1985]; see People exrel. Woodard v Lape, 58 AD3d 903, 904 [2009], lv denied 12 NY3d 706 [2009]).Here, the proper procedure to challenge the consent order finding neglect and placing the children in thecustody of the Department of Social Services is a motion to vacate (see Matter of Nicole KK., 46 AD3d1267, 1268 [2007]; Family Ct Act § 1051 [f]; § 1061). Our review of the recorddoes not reveal the existence of any extraordinary circumstances that would warrant a departure fromtraditional orderly procedure (see People exrel. Landy v Rock, 61 AD3d 1198 [2009], lv denied 13 NY3d 702 [2009]; People ex rel. Martinez v West, 20 AD3d842, 842-843 [2005], lv denied 5 NY3d 716 [2005]; People ex rel. Backus vBroome County Dept. of Social Servs., 240 AD2d 786, 787-788 [1997]).
Lahtinen, Stein, McCarthy and Garry, JJ., concur. Ordered that the order is affirmed, withoutcosts.