Tyeisha H. v. Kiona E.

115 A.D.3d 669, 981 N.Y.S.2d 560

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 5, 2014
• Status: Published

Opinion

In three related custody proceedings pursuant to Family Court Act article 6, the petitioner, Tyeisha H., a cousin of the mother of the subject children, appeals from an order of the Family Court, Westchester County (Schauer, J.), entered August 16, 2012, which, after a hearing, dismissed her petitions for custody of the subject children.

Ordered that the order is reversed, on the law, without costs or disbursements, the petitions are reinstated, and the matter is remitted to the Family Court, Westchester County, for further proceedings consistent herewith; in the interim, the subject children shall remain with their current foster family.

For the reasons stated in our decision and order on a related appeal (see Matter of Leval B. v Kiona E. (115 AD3d 665 [2014] [decided herewith]), the order must be reversed, the petitions reinstated, and the matter remitted to the Family Court, Westchester County, for further proceedings.

Balkin, J.P., Sgroi, Cohen and LaSalle, JJ., concur.