IN RE: Anthony Carter (2018)

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

IN RE: Anthony Carter, petitioner- respondent, v. Dutchess County Department of Community and Family Services, appellant, et al., respondent.

2018–02371 (Docket No. V–829–18)

Decided: December 26, 2018

WILLIAM F. MASTRO, J.P. RUTH C. BALKIN HECTOR D. LASALLE FRANCESCA E. CONNOLLY, JJ.

James Fedorchak, County Attorney, Poughkeepsie, N.Y. (Laura Gail Skojec of counsel), for appellant.

Argued—November 16, 2018

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 6, the Dutchess County Department of Community and Family Services appeals from an order of the Family Court, Dutchess County (Joseph A. Egitto, J.), dated February 28, 2018. The order, without a hearing, granted the father's petition for custody of the subject child.

ORDERED that the order is reversed, on the law, without costs or disbursements, the petition is denied, and the proceeding is dismissed.

In light of our determination on a related appeal reversing the order dismissing the neglect petition against the father (see Matter of Meeya P., _ AD3d _ [decided herewith] ), the order appealed from must be reversed, the father's petition denied, and the proceeding dismissed.

MASTRO, J.P., BALKIN, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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