Matter of Brianna M.F.

Matter of Brianna M.F. (2018 NY Slip Op 00950)
Matter of Brianna M.F.
2018 NY Slip Op 00950
Decided on February 9, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on February 9, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CARNI, DEJOSEPH, NEMOYER, AND CURRAN, JJ.

1524 CAF 16-01055

[*1]IN THE MATTER OF THE ADOPTION OF BRIANNA M.F. LAURA B.F., PETITIONER-APPELLANT; ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, AMBER W., RESPONDENTS-RESPONDENTS, ET AL., RESPONDENT. (APPEAL NO. 3.)




DAVID J. PAJAK, ALDEN, FOR PETITIONER-APPELLANT.

DANIEL J. HARTMAN, BUFFALO, FOR RESPONDENT-RESPONDENT AMBER W.

DAVID C. SCHOPP, ATTORNEY FOR THE CHILD, THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (CHARLES D. HALVORSEN OF COUNSEL).



Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), entered May 26, 2016 in a proceeding pursuant to Family Court Act article 6. The order granted the motion of the Attorney for the Children to dismiss the petition.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the petition with respect to the claim for photographs of the subject child, and as modified the order is affirmed without costs, and the matter is remitted to Family Court, Erie County, for further proceedings in accordance with the same memorandum as in Matter of Noah W. ([appeal No. 1] — AD3d — [Feb. 9, 2018] [4th Dept 2018]).

Entered: February 9, 2018

Mark W. Bennett

Clerk of the Court