Opinion
2018–02371 Docket No. V-829-18
12-26-2018
In the Matter of Anthony CARTER, Petitioner-Respondent, v. DUTCHESS COUNTY DEPARTMENT OF COMMUNITY AND FAMILY SERVICES, Appellant, et al., Respondent.
James Fedorchak, County Attorney, Poughkeepsie, N.Y. (Laura Gail Skojec of counsel), for appellant. Kelley M. Enderley, Poughkeepsie, NY, for petitioner-respondent. Theoni Stamos–Salotto, Hopewell Junction, NY, attorney for the child.
James Fedorchak, County Attorney, Poughkeepsie, N.Y. (Laura Gail Skojec of counsel), for appellant.
Kelley M. Enderley, Poughkeepsie, NY, for petitioner-respondent.
Theoni Stamos–Salotto, Hopewell Junction, NY, attorney for the child.
WILLIAM F. MASTRO, J.P., RUTH C. BALKIN, HECTOR D. LASALLE, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
ORDERED that the order is reversed, on the law, without costs or disbursements, the petition is denied, and the proceeding is dismissed.
In 2016, the Dutchess County Department of Community and Family Services (hereinafter the DCFS) commenced related proceedings pursuant to Family Court article 10 alleging that the parents had neglected the subject child. The Family Court temporarily placed the child in the custody of the Commissioner of the DCFS. Thereafter, the mother admitted to neglecting the child. The matter proceeded to a fact-finding hearing and, after the hearing, upon a finding that the DCFS failed to establish that the father neglected the child, the court dismissed the neglect petition against the father. The father then commenced this custody proceeding alleging, inter alia, that he was entitled to custody of the child since the neglect petition against him had been dismissed. The court granted the father's petition, without a hearing, over the objection of the DCFS and the attorney for the child. The DCFS appeals.
In light of our determination on a related appeal reversing the order dismissing the neglect petition against the father (see Matter of Meeya P., ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2018 WL 6778645 [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.