In the Matter of Gordon B.B.

• Decision Date: 09 June 2006
• Docket Number: 06-00376.
• Citation: 2006 NY Slip Op 04554,30 A.D.3d 1005,818 N.Y.S.2d 692
• Parties: In the Matter of GORDON B.B. and Another, Infants. MONROE COUNTY DEPARTMENT OF HUMAN AND HEALTH SERVICES, Appellant; TIFFANY J., Respondent. (Proceeding No. 1.) In the Matter of VERONICA G.-M., Respondent, v. MONROE COUNTY DEPARTMENT OF HUMAN AND HEALTH SERVICES, Appellant, and TIFFANY J. et al., Respondents. (Proceeding No. 2.) In the Matter of MARGARET B., Respondent, v. MONROE COUNTY DEPARTMENT OF HUMAN AND HEALTH SERVICES, Appellant, and TIFFANY J., Respondent, et al., Respondent. (Proceeding No. 3.) In the Matter of GORDON B.B., an Infant. MONROE COUNTY DEPARTMENT OF HUMAN AND HEALTH SERVICES, Appellant; TIFFANY J., Respondent. (Proceeding No. 4.) In the Matter of SHYASIA M.M., an Infant. MONROE COUNTY DEPARTMENT OF HUMAN AND HEALTH SERVICES, Appellant; TIFFANY J., Respondent. (Proceeding No. 5.)
• Court: New York Supreme Court — Appellate Division

30 A.D.3d 1005

818 N.Y.S.2d 692

2006 NY Slip Op 04554

In the Matter of GORDON B.B. and Another, Infants.

MONROE COUNTY DEPARTMENT OF HUMAN AND HEALTH SERVICES, Appellant;

TIFFANY J., Respondent. (Proceeding No. 1.)

In the Matter of VERONICA G.-M., Respondent, v. MONROE COUNTY DEPARTMENT OF HUMAN AND HEALTH SERVICES, Appellant, and TIFFANY J. et al., Respondents. (Proceeding No. 2.)

In the Matter of MARGARET B., Respondent, v. MONROE COUNTY DEPARTMENT OF HUMAN AND HEALTH SERVICES, Appellant, and TIFFANY J., Respondent, et al., Respondent. (Proceeding No. 3.)

In the Matter of GORDON B.B., an Infant.

MONROE COUNTY DEPARTMENT OF HUMAN AND HEALTH SERVICES, Appellant;

TIFFANY J., Respondent. (Proceeding No. 4.)

In the Matter of SHYASIA M.M., an Infant.

MONROE COUNTY DEPARTMENT OF HUMAN AND HEALTH SERVICES, Appellant;

TIFFANY J., Respondent. (Proceeding No. 5.)

06-00376.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 9, 2006.

Appeal from an order of the Family Court, Monroe County (Marilyn O'Connor, J.), entered May 3, 2005 in proceedings pursuant to Social Services Law § 384-b and Family Court Act articles 6 and 10. The order, among other things, dismissed the petition in proceeding No. 1, awarded custody of Shyasia M.M. to petitioner Veronica G.-M. and awarded custody of Gordon B.B. to petitioner Margaret B.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

The Monroe County Department of Human and Health Services (Department) appeals from an order that, inter alia, dismissed the petition seeking to terminate the parental rights of Tiffany J. with respect to her son and daughter and granted the petition of Veronica G.-M., the daughter's paternal great aunt, seeking custody of the daughter. We reject the Department's contention that Family Court erred in considering that custody petition during the dispositional hearing. Where, as here, a relative who is not a parent of the child at issue petitions for custody of the child during the pendency of a permanent neglect proceeding, "the custody petition should be `considered . . . in the context of a dispositional hearing conducted on the underlying permanent neglect petition' wherein the court will determine the best interests of the child[ ]" (Matter of Karen A.O. v Child Protective Servs., 6 AD3d 1100, 1100-1101 [2004]; see Matter of Carl G. v Oneida County Dept. of Social Servs., 24...