IN RE: Brandon F. (Anonymous).  Suffolk County Department of Social Services

ResetAA Font size: Print

Supreme Court, Appellate Division, Second Department, New York.

IN RE: Brandon F. (Anonymous).  Suffolk County Department of Social Services, petitioner-respondent, v. Kimberly F. (Anonymous), et al., respondents-respondents;  Jacqueline H. (Anonymous), nonparty-appellant.

2013–07290 (Docket Nos. N–14055–12, N–14065–12)

Decided: May 28, 2014

REINALDO E. RIVERA, J.P. PLUMMER E. LOTT ROBERT J. MILLER COLLEEN D. DUFFY, JJ. Joseph D. Mirabella, Mastic, N.Y., for nonparty -appellant. Dennis M. Brown, County Attorney, Central Islip, N.Y. (James G. Bernet of counsel), for petitioner-respondent. Kevin G. McClancy, Central Islip, N.Y., for respondent-respondent Kimberly F. Karen M. Caggiano, Shirley, N.Y., for respondent-respondent Keith F. Elizabeth A. Pfister, Center Moriches, N.Y., attorney for the child.

Submitted—April 10, 2014

DECISION & ORDER

In a child protective proceeding pursuant to Family Court Act article 10, the nonparty Jacqueline H. appeals from an order of the Family Court, Suffolk County (Luft, J.), dated May 28, 2013, which, in effect, granted the petition of the Suffolk County Department of Social Services, in effect, to withdraw a neglect petition it filed against Kimberly F. and Keith F. with respect to the subject child Brandon F., and denied her motion to direct the Suffolk County Department of Social Services to file a petition to terminate the parental rights of Kimberly F. and Keith F. with respect to the subject child Brandon F.

ORDERED that the order is affirmed, without costs or disbursements.

Under the circumstances of this case, the Family Court properly, in effect, granted the petition of the Suffolk County Department of Social Services (hereinafter the DSS), in effect, to withdraw the neglect petition filed against Kimberly F. and Keith F. with respect to the subject child, Brandon F., where, as here, Brandon F. has been in the permanent custody of the appellant since 2009 (see generally Family Ct Act § 1051[c];  Matter of Eustace B [Shondella M.], 76 AD3d 428;  Matter of Angela D., 175 A.D.2d 244, 245).

Further, the Family Court properly denied that branch of the appellant's motion which was to direct the DSS to file a petition to terminate the parental rights of Kimberly F. and Keith F. with respect to Brandon F. (see Social Services Law § 384–b[3][b];  cf.  Matter of Dale P., 84 N.Y.2d 72, 75).

RIVERA, J.P., LOTT, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

FindLaw Career Center


      Post a Job  |  View More Jobs

    View More