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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46414 Justice Alpert NEGLECT AND abuse proceedings were brought against parents whose children were removed from custody after defendant hospital detected semen in an allegedly mislabelled sample of urine attributed to one of their children. Custody was returned after the proceedings were withdrawn. The parents, appearing pro se and purporting to represent their children, asserted malicious prosecution and defamation claims and, on their children’s behalf, false imprisonment. The court ruled that the parents could not pursue their children’s claims pro se. Under Judiciary Law �478, only persons admitted to practice may represent others in court proceedings. Although Civil Practice Law and Rules �1201 allows for a minor’s appearance by proxy, the status given to the minor’s representative is that of a normal litigant. The court held that under the Judiciary Law or parens patriae the children’s best interests required their representation by an attorney.

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