In re Daniel T.-H.

 

Matter of Daniel T.-H. v Kamhi

2011 NY Slip Op 01481

Decided on February 22, 2011

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

 

Decided on February 22, 2011

 

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

 

2010-02807

(Docket No. N-2934-10)

 

[*1]In the Matter of Daniel T.-H. (Anonymous).

and

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

 

 

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.

 

DECISION & ORDER

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.

MASTRO, J.P., RIVERA, ROMAN and SGROI, JJ., concur.

 

ENTER: [*2]

 

Matthew G. Kiernan

 

Clerk of the Court

 

 

 

 

 

 

 

 

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