In re Ellery C.
Cases that cite this one
27 later published cases cite this decision. The 25 that cite it most often are listed here.
- State Ex Rel . Harris v. Calendine (W. Va. 1977)
- Mcredmond v. Wilson (2d Cir. 1976)
- McRedmond v. Wilson (2d Cir. 1976)
- Mercado v. Rockefeller (District Court, S.D. New York 1973)
- Maria Mercado, A/K/A Crespo v. Nelson A. Rockefeller, Governor of the State of New York,respondents-Appellees (2d Cir. 1974)
- WM v. State (Ind. Ct. App. 1982)
- W. M. v. State (Ind. Ct. App. 1982)
- Lucas v. Wasser (District Court, S.D. New York 1976)
- McRedmond v. Wilson (District Court, S.D. New York 1975)
- In re Jennifer G. (NYC Family Court 1999)
- In re the Commissioner of Social Services ex rel. Peter R. (NYC Family Court 1996)
- In re Lavar C. (Appellate Division of the Supreme Court of New York 1992)
- LAM v. State (Alaska 1976)
- L. A. M. v. State (Alaska 1976)
- Matter of Dylan P. (Appellate Division of the Supreme Court of New York 2014)
- Jairy R. v. Jeffrey H. (NYC Family Court 2011)
- In re Jennifer G. (NYC Family Court 2003)
- In re Darren H. (New York Family Court 1998)
- In re Keith H. (Appellate Division of the Supreme Court of New York 1993)
- In re Sammy P. (New York Family Court 1986)
- Wilkins v. Perales (New York Supreme Court 1985)
- In re Leslie B. (NYC Family Court 1985)
- People v. Smith (Criminal Court of the City of New York 1981)
- In re Lorie C. (N.Y. 1980)
- In re Kenneth J. (NYC Family Court 1980)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The appellant, Ellery C., now 16 years old, was adjudged a person in need of supervision (PINS) on the application of his mother in March of 1971. About a year later, the Family Court (Kings County), on recommendation of the Probation Department, sent him to the New York State Training School at Otisville.1 The Appellate Division, by a closely divided vote, affirmed that disposition (40 A D 2d 862).
Until 1962, a child who committed acts which now warrant his adjudication as a person in need of supervision was treated as a juvenile delinquent (former Children’s Ct. Act, § 2, subd. 2). The new PINS statute (L. 1962, ch. 686) “ represents enlightened legislative' recognition of the difference between youngsters [juvenile delinquents] who commit criminal acts and those who merely misbehave in ways which, frequently, would not he objectionable save for the fact that the actor is a minor (e.g., running away from home, keeping late hours, truancy, etc.) ” (Matter of Jeanette P., 34 A D 2d 661; see, also, Dembitz, New York Family Court, 48 Cornell L. Q. 499, 505-508.) There is
The conclusion is clear. Proper facilities must be made available to provide adequate supervision and treatment for children found to be persons in need of supervision. We thoroughly agree, therefore, with the view, expressed by Justice Shapiro in the course of his dissenting opinion (40 A D 2d, at p. 864), that the appellant’s confinement in the training school, along with juveniles convicted of committing criminal acts, “ can hardly, in any realistic sense, serve as ‘ supervision ’ and
Nor may the appellant’s commitment to the State training school be justified by the respondent’s claim that, “while not
Matter of Tomasita N. (30 N Y 2d 927) does not constitute authority to the contrary. Having decided that the PIN’S statute was not subject to successful constitutional attack on due process grounds, the court elected not to address itself to the validity or propriety of the order then before it—which placed the youngster in a training school—in view of the fact that she had been released from confinement prior to the expiration of her placement period and was no longer detained in that institution when the decision was handed down.
The order appealed from should be reversed and the proceeding remitted to the Family Court for the purpose of placing the appellant in a suitable environment.
Judges Burke, Breitel, Jasek, Gabrielli, Jokes and Wachtler concur.
Order reversed, without costs, and matter remitted to Family Court for further proceedings in accordance with opinion herein.
. The Probation Department’s recommendation was based, in part, on the ground that the several attempts to place the appellant elsewhere had proved unsuccessful.
. It has been well said that the distinction between the two types of children —• juvenile delinquents and those in need of supervision — “becomes useless where, as here, the treatment accorded the one must be identical to that accorded the other because no other adequate alternative has been provided.” (Matter of Jeanette P., 34 A D 2d, at p. 661.)
Case-law data current through December 31, 2025. Source: CourtListener bulk data.