Opinion
November 16, 1994
Appeal from the Supreme Court, Erie County, Cosgrove, J.
Present — Green, J.P., Wesley, Callahan, Doerr and Boehm, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination to remove the child from petitioners' foster care is supported by substantial evidence and is neither arbitrary nor capricious (see, Matter of O'Rourke v Kirby, 54 N.Y.2d 8, 14). The removal decision was based upon the strong public policy favoring placement of the child with his siblings (see, Social Services Law § 384-a [1-a]; Family Ct Act § 1027-a; 18 NYCRR 431.10 [a]), together with evidence that the benefits of uniting the child with his brother will outweigh any harm that may result from removing the child from his current foster parents.