Opinion
2012-02-9
In re EVANGELINE R., Petitioner–Appellant, v. JONATHAN R., et al., Respondents–Respondents.
Daniel R. Katz, New York, for appellant.
*855 Order, Family Court, New York County (George L. Jurow, J.), entered on or about October 14, 2010, which, inter alia, dismissed petitioner's custody petition without prejudice, unanimously affirmed, without costs.
The petition does not sufficiently allege any extraordinary circumstances so as to require a full evidentiary hearing under Matter of Bennett v. Jeffreys, 40 N.Y.2d 543, 387 N.Y.S.2d 821, 356 N.E.2d 277 [1976]. While petitioner claims that the child's parents both suffer from mental illnesses, and that the father has anger management issues, the record shows that an ACS caseworker has been actively monitoring the parents' situation, and has referred them for preventive services, including mental health counseling. The caseworker also confirmed that the child's safety is not at risk.