Opinion
No. CAF 07-01521.
March 14, 2008.
Appeal from an order of the Family Court, Onondaga County (Michael L. Hanuszczak, J.), entered June 15, 2007 in a proceeding pursuant to Family Court Act article 10. The order, among other things, granted petitioner's application for the temporary removal of respondent's child.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (MARY P. DAVISON OF COUNSEL), FOR RESPONDENT-APPELLANT.
ANTHONY P. RIVIZZIGNO, COUNTY ATTORNEY, SYRACUSE (SARA J. LANGAN OF COUNSEL), FOR PETITIONER-RESPONDENT. ARLENE BRADSHAW, LAW GUARDIAN, SYRACUSE, FOR AMANDA M.K.
Present: Smith, J.P., Centra, Fahey, Peradotto and Green, JJ.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Family Court properly granted the application of petitioner seeking the temporary removal of respondent's newborn child pursuant to Family Court Act § 1022 (a). The record, including the evidence establishing prior neglect adjudications involving the child's four siblings, supports the court's determination that temporary removal is necessary to avoid imminent risk to the child's life or health ( see § 1022 [a] [iii]; Matter of Toni G., 8 AD3d 379, 380).