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Suffolk Cnty. Dep't of Soc. Servs. v. Denise C. (In re Grace M.)

Supreme Court, Appellate Division, Second Department, New York.
Feb 3, 2021
191 A.D.3d 681 (N.Y. App. Div. 2021)

Opinion

2020–06589 Docket No. N–10350–15

02-03-2021

In the MATTER OF GRACE M. (Anonymous). Suffolk County Department of Social Services, appellant; v. Denise C. (Anonymous), respondent.

Dennis M. Cohen, County Attorney, Central Islip, N.Y. (Randall J. Ratje of counsel), for appellant. Jennifer S. Lippmann, West Islip, NY, attorney for the child.


Dennis M. Cohen, County Attorney, Central Islip, N.Y. (Randall J. Ratje of counsel), for appellant.

Jennifer S. Lippmann, West Islip, NY, attorney for the child.

REINALDO E. RIVERA, J.P., COLLEEN D. DUFFY, ANGELA G. IANNACCI, PAUL WOOTEN, JJ.

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 10, the petitioner appeals from an order of the Family Court, Suffolk County (Bernard Cheng, J.), dated May 27, 2020. The order, insofar as appealed from, after a hearing, continued the subject child's placement until the completion of the next permanency hearing or pending further order of the court.

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

In the context of a permanency hearing, a child over the age of 18 must consent to the continuation of placement (see Family Ct Act § 1089[d][2][ii] ). Here, the subject 20–year–old child was represented at the permanency hearing by counsel (see generally 22 NYCRR 205.17 [e]), who consented to the continuation of placement on the child's behalf. Contrary to the petitioner's contention, under these circumstances, the Family Court properly continued placement of the subject child (see generally Matter of Dawn M. [Michael M.] , 151 A.D.3d 1489, 1492, 58 N.Y.S.3d 231 ).

Therefore, we affirm the order insofar as appealed from.

RIVERA, J.P., DUFFY, IANNACCI and WOOTEN, JJ., concur.


Summaries of

Suffolk Cnty. Dep't of Soc. Servs. v. Denise C. (In re Grace M.)

Supreme Court, Appellate Division, Second Department, New York.
Feb 3, 2021
191 A.D.3d 681 (N.Y. App. Div. 2021)
Case details for

Suffolk Cnty. Dep't of Soc. Servs. v. Denise C. (In re Grace M.)

Case Details

Full title:In the MATTER OF GRACE M. (Anonymous). Suffolk County Department of Social…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Feb 3, 2021

Citations

191 A.D.3d 681 (N.Y. App. Div. 2021)
191 A.D.3d 681