IN RE: Daniel T.-H. (Anonymous).  Alison Kamhi

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

IN RE: Daniel T.-H. (Anonymous).  Alison Kamhi, petitioner-respondent;  Mario T.-G. (Anonymous), et al., respondents, Westchester County Commissioner of Social Services, nonparty-appellant.

2010-02807 (Docket No. N-2934-10)

Decided: February 22, 2011

WILLIAM F. MASTRO, J.P. REINALDO E. RIVERA SHERI S. ROMAN SANDRA L. SGROI, JJ. Robert F. Meehan, County Attorney, White Plains, N.Y. (Justin R. Adin of counsel), for nonparty -appellant. Jennifer Baum, Jamaica, N.Y. (Jillian de Chavez, Ari Lessa, and Mary Grace Vitale, on the brief), for petitioner-respondent. George E. Reed, Jr., White Plains, N.Y., attorney for the child.

Argued-November 29, 2010


In a child neglect proceeding pursuant to Family Court Act article 10, the Westchester County Commissioner of Social Services appeals from an order of the Family Court, Westchester County (Davidson, J.), dated February 25, 2010, which, after a hearing, inter alia, granted the petitioner's motion, in effect, to direct the Westchester County Department of Social Services to take temporary custody of the subject child pending the outcome of the proceeding.   Justice Rivera has been substituted for the late Justice Fisher (see 22 NYCRR 670.1[c] ).

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

Contrary to the contention of the Westchester County Commissioner of Social Services (hereinafter the appellant), the Family Court properly determined, after a hearing on February 25, 2010, that the subject child was at imminent risk of harm, and placed him in the temporary care and custody of the Westchester County Department of Social Services (see Family Ct Act §§ 1027 [a], [b] ).

The appellant's remaining contentions are without merit.



Matthew G. Kiernan

Clerk of the Court

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