IN RE: JANYCE B. (Anonymous). (2007)

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

IN RE: JANYCE B. (Anonymous). Suffolk County Department of Social Services, petitioner-appellant; Luisa W. (Anonymous), respondent.

Decided: February 06, 2007

HOWARD MILLER, J.P., ANITA R. FLORIO, MARK C. DILLON, and DANIEL D. ANGIOLILLO, JJ.

Christine Malafi, County Attorney, Central Islip, N.Y. (Randall J. Ratje of counsel), for petitioner-appellant. Zarkadas & Schwager, P.C., Centereach, N.Y. (Paraskevi Zarkadas of counsel), for Luisa W. Robert C. Mitchell, Central Islip, N.Y. (Michele T. Pilo of counsel), Law Guardian for the child.

In a proceeding pursuant to Family Court Act article 10, the Suffolk County Department of Social Services appeals from an order of the Family Court, Suffolk County (Green, Ct. Atty. Ref.), dated March 27, 2006, which directed it to notify Luisa W.'s employer of the results of her drug test.

ORDERED that the order is reversed, on the law, without costs or disbursements.

The Family Court is a court of limited jurisdiction (see Matter of Mouscardy v. Mouscardy, 63 A.D.2d 973, 974-75, 405 N.Y.S.2d 759). The court attorney referee exceeded the court's authority under Family Court Act § 255 by ordering the Suffolk County Department of Social Services to notify Luisa W.'s employer of the results of her drug test (see Matter of Lorie C., 49 N.Y.2d 161, 424 N.Y.S.2d 395, 400 N.E.2d 336; Matter of Enrique R., 126 A.D.2d 169, 512 N.Y.S.2d 837).

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