Veronica C. v. ACS (II)
Matter of Veronica C. v Administration for Children's Servs.
2011
NY Slip Op 04669
Decided
on May 31, 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 May 31, 2011
SUPREME
COURT OF THE STATE OF
APPELLATE
DIVISION : SECOND JUDICIAL DEPARTMENT
PETER
B. SKELOS, J.P.
THOMAS
A. DICKERSON
L.
PRISCILLA HALL
SANDRA
L. SGROI, JJ.
2009-06436
(Docket
No. V-19669-07)
[*1]In
the Matter of Veronica C. (Anonymous), appellant,
v
Administration for Children's Services, et al., respondents.
Michael A. Cardozo, Corporation Counsel,
(Kristin
M. Helmers and Alan G. Krams
of
counsel), for respondent.
George
E. Reed, Jr.,
DECISION
& ORDER
In
a child custody proceeding pursuant to Family Court Act article 6, the maternal
grandmother appeals from an order of the Family Court, Kings County (Lerner,
Ct. Atty. Ref.), dated June 11, 2009, which, without a hearing, dismissed her
petition to modify an order of custody dated April 7, 2009, with respect to the
child Kenneth C., and directed that no further petitions for modification of
the order of custody dated April 7, 2009, would be accepted for filing without
leave of court.
ORDERED
that the order dated June 11, 2009, is reversed, on the law, with costs, the
petition is reinstated, and the matter is remitted to the Family Court,
As
the Administration for Children's Services correctly concedes, under the
circumstances of this case, the Family Court improperly dismissed, without a
hearing, the maternal grandmother's petition to modify an order of custody
dated April 7, 2009, with respect to the child Kenneth C. (see Matter of Gurewich v Gurewich, 58 AD3d
628). Accordingly, the order dated June 11, 2009, must be reversed, the
maternal grandmother's petition reinstated, and the matter remitted to the
Family Court,
We
note that the maternal grandmother's request for legal assistance to amend her
petition is not properly before this Court and would be properly made before
the Family Court.
SKELOS, J.P., DICKERSON, HALL and
SGROI, JJ., concur. [*2]
ENTER:
Matthew G. Kiernan
Clerk
of the Court