IN RE: MICHAEL S. and Debra R. (2018)

MEMORANDUM AND ORDER

It is hereby ORDERED that said petition is unanimously dismissed without costs.

Memorandum:  Petitioners Michael S. (petitioner) and his paramour, Debra R., commenced this proceeding pursuant to CPLR article 70 seeking, inter alia, a judgment directing respondents to produce the subject children.  We dismiss the petition.

Petitioners seek production of the children on the ground that they are suitable persons with whom the children should be placed following the children's removal from the parental home (see Family Ct. Act § 1017[1][a] ).  The preferred procedure for seeking such relief is for petitioner, the children's grandfather, to make a motion to intervene in the underlying child neglect proceedings pursuant to article 10 of the Family Court Act (see § 1035[f];  Matter of Demetria FF. [Tracy GG.], 140 A.D.3d 1388, 1388–1390, 33 N.Y.S.3d 570 [3d Dept. 2016] ).  Petitioner may also commence a proceeding for custody of the children pursuant to article 6 of the Family Court Act (see Matter of Linda S. v. Krishnia S., 50 A.D.3d 805, 806, 856 N.Y.S.2d 174 [2d Dept. 2008];  see also Demetria FF., 140 A.D.3d at 1388, 33 N.Y.S.3d 570).  We note that petitioner previously filed petitions for custody of the children pursuant to article 6, but he failed to appear at the ensuing hearing.  Family Court subsequently dismissed the petitions without prejudice.  There is no indication in the record that petitioner made any attempt to intervene in the article 10 proceeding or to renew the article 6 proceeding.  We thus conclude that petitioners have failed to demonstrate “the existence of any extraordinary circumstances that would warrant a departure from traditional orderly procedure” (People ex rel. Karen FF. v Ulster County Dept. of Social Servs., 79 A.D.3d 1187, 1188, 911 N.Y.S.2d 679 [3d Dept. 2010];  see People ex rel. Tuszynski v. Stallone, 117 A.D.3d 1472, 1472, 984 N.Y.S.2d 623 [4th Dept. 2014], lv denied 23 N.Y.3d 908, 2014 WL 2936835 [2014] ).

Insofar as petitioners seek a change of venue or an investigation into the underlying proceedings in Family Court, such relief is not available by means of a petition pursuant to CPLR article 70 (see CPLR 7002[a] ).