Jo Ann N. and William Z., Respondents–Appellants. (Appeal No. 1.) v. << (1999)

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

Matter of KATY Z. Erie County Department of Social Services, Petitioner–Respondent; Jo Ann N. and William Z., Respondents–Appellants. (Appeal No. 1.)

Decided: October 01, 1999

PRESENT: LAWTON, J.P., HAYES, PIGOTT, JR., HURLBUTT and SCUDDER, JJ.

Patricia S. Ciccarelli, Buffalo, for Respondent–Appellant JoAnn N. Kathleen E. Casey, Middleport, for Respondent–Appellant William Z. Charles D. Halvorsen, Law Guardian, Buffalo, Gary J. Wojtan, Cheektowaga, of counsel, for Petitioner–Respondent.

Respondents contend that Family Court erred in failing to dismiss the petition for an extension of placement because it was not filed more than 60 days before the expiration of the prior placement order. Because respondents never raised the timeliness issue in Family Court, their contention has not been preserved for our review (see, Matter of Joseph H., 211 A.D.2d 586, 621 N.Y.S.2d 873). We further conclude that the court did not abuse its discretion in concluding that the best interests of the child were served by the extension of placement (see generally, Matter of Nassar v. Santmire, 99 A.D.2d 377, 380, 473 N.Y.S.2d 84).

Order unanimously affirmed without costs.

MEMORANDUM:

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