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
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,
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.,
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