Matter of Carrie F. v. David Pp.

• Decision Date: 22 November 2006
• Docket Number: 99344.
• Citation: 825 N.Y.S.2d 791,34 A.D.3d 1108,2006 NY Slip Op 08711
• Parties: In the Matter of CARRIE F., Respondent, v. DAVID PP. et al., Respondents, and MICHELLE G., Appellant. (Proceeding No. 1.) In the Matter of MICHELLE G., Appellant, v. BROOME COUNTY DEPARTMENT OF SOCIAL SERVICES et al., Respondents. (Proceeding No. 2.)
• Court: New York Supreme Court — Appellate Division

34 A.D.3d 1108

825 N.Y.S.2d 791

2006 NY Slip Op 08711

In the Matter of CARRIE F., Respondent, v. DAVID PP. et al., Respondents, and MICHELLE G., Appellant. (Proceeding No. 1.)

In the Matter of MICHELLE G., Appellant, v. BROOME COUNTY DEPARTMENT OF SOCIAL SERVICES et al., Respondents. (Proceeding No. 2.)

99344.

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

Decided November 22, 2006.

Appeals (1) from an order of the Family Court of Broome County (Pines, J.), entered September 14, 2005, which granted petitioner's application, in proceeding No. 1 pursuant to Family Ct Act article 10, to modify a prior dispositional order, and (2) from an order of said court, entered December 13, 2005, which dismissed petitioner's application, in proceeding No. 2 pursuant to Family Ct Act article 10, to modify the court's September 2005 order.

Kane, J.

In the underlying Family Ct Act article 10 proceeding, the child was adjudicated neglected by Carrie F. (hereinafter the mother). Family Court's dispositional order, entered on consent, placed the child with Michelle G. (hereinafter the grandmother) for a period of 12 months. In proceeding No. 1, the mother subsequently sought to modify the dispositional order (see Family Ct Act § 1061), alleging that the grandmother moved to Colorado and left the child with respondent David PP. (hereinafter the father). Neither the father nor grandmother appeared in court on that petition. In September 2005, the court modified the dispositional order by placing the child in the care of respondent Broome County Department of Social Services. The grandmother later commenced proceeding No. 2 to modify the September order to provide her with custody. In December 2005, Family Court dismissed that petition without a hearing. The grandmother appeals from both the September and December orders.

Family Court did not err in modifying the dispositional order. The court has discretion in determining whether a hearing is necessary upon a motion to modify an existing dispositional order (see Family Ct Act § 1064; Matter of Davies v Davies, 223 AD2d 884, 886 [1996]). Where the court possesses information sufficient to afford a comprehensive, independent review, a hearing is not required (see Matter of Davies v Davies, supra at 886; Matter of Oliver S. v Chemung County Dept. of Social Servs., 162 AD2d 820, 821-822 [1990]). Here, the mother's modification petition, the Department's home study and statements made...