In re Anny A.

Appellate Division of the Supreme Court of New York

In re Anny A.

84 A.D.3d 587, 923 N.Y.S.2d 465

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 17, 2011

StatusPublished

This text of 84 A.D.3d 587 (In re Anny A.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Anny A., 84 A.D.3d 587, 923 N.Y.S.2d 465 (N.Y. Ct. App. 2011).

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Opinion

Order, Family Court, New York County (Susan K. Knipps, J.), entered on or about February 2, 2011, which, after a hearing, modified an order, same court and Justice, entered on or about December 20, 2010, denying respondent mother’s application pursuant to Family Court Act § 1028 for the return of her children, and conditionally granted the application, unanimously affirmed, without costs.

Petitioner agency failed to demonstrate that the return of the children posed an imminent risk to their lives or health (see Family Ct Act § 1028 [a]; see also Matter of Kenneth L., 209 AD2d 352 [1994]). Family Court providently exercised its discretion in weighing the harm inflicted on the children by their continued placement in separate foster homes against the harm of returning them to their mother’s care and placing conditions on the return, including continued individual and family therapy.

[588]*588We have considered petitioner’s remaining contentions and find them unavailing. Concur — Mazzarelli, J.P., Sweeny, Acosta, Renwick and DeGrasse, JJ.

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Order, Family Court, New York County (Susan K. Knipps, J.), entered on or about February 2, 2011, which, after a hearing, modified an order, same court and Justice, entered on or about December 20, 2010, denying respondent mother’s application pursuant to Family Court Act § 1028 for the return of her children, and conditionally granted the application, unanimously affirmed, without costs.

Petitioner agency failed to demonstrate that the return of the children posed an imminent risk to their lives or health (see Family Ct Act § 1028 [a]; see also Matter of Kenneth L., 209 AD2d 352 [1994]). Family Court providently exercised its discretion in weighing the harm inflicted on the children by their continued placement in separate foster homes against the harm of returning them to their mother’s care and placing conditions on the return, including continued individual and family therapy.

[588]*588We have considered petitioner’s remaining contentions and find them unavailing. Concur — Mazzarelli, J.P., Sweeny, Acosta, Renwick and DeGrasse, JJ.

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Bluebook (online)

84 A.D.3d 587, 923 N.Y.S.2d 465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anny-a-nyappdiv-2011.

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