Opinion
1198 CAF 16–01629
02-01-2019
In the Matter of DENISE E., Petitioner–Respondent, v. AJJA M., Respondent–Appellant, Edward M., and Onondaga County Department of Children and Family Services, Respondents–Respondents. (Appeal No. 3.)
D.J. & J.A. CIRANDO, PLLC, SYRACUSE (ELIZABETH deV. MOELLER OF COUNSEL), FOR RESPONDENT–APPELLANT. ROBERT A. DURR, COUNTY ATTORNEY, SYRACUSE (MAGGIE SEIKALY OF COUNSEL), FOR RESPONDENT–RESPONDENT ONONDAGA COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES. JOHN G. KOSLOSKY, UTICA, ATTORNEY FOR THE CHILDREN.
D.J. & J.A. CIRANDO, PLLC, SYRACUSE (ELIZABETH deV. MOELLER OF COUNSEL), FOR RESPONDENT–APPELLANT.
ROBERT A. DURR, COUNTY ATTORNEY, SYRACUSE (MAGGIE SEIKALY OF COUNSEL), FOR RESPONDENT–RESPONDENT ONONDAGA COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES.
JOHN G. KOSLOSKY, UTICA, ATTORNEY FOR THE CHILDREN.
PRESENT: WHALEN, P.J., SMITH, CENTRA, NEMOYER, AND CURRAN, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously modified on the law by vacating the second ordering paragraph to the extent that it delegates authority to petitioner to determine the duration and frequency of respondent Ajja M.'s supervised visitation with the children and vacating the sixth ordering paragraph, and as modified the order is affirmed without costs, and the matter is remitted to Family Court, Onondaga County, for further proceedings in accordance with the same memorandum as in Matter of Lakeya P. (appeal No. 2), 169 A.D.3d 1409, 92 N.Y.S.3d 787, 2019 WL 408923 (Feb. 1, 2019) (4th Dept 2019).