Matter of Brandon K. v Linda P.

Matter of Brandon K. (Linda P.) 2003 NY Slip Op 20117 [2 AD3d 1339] December 31, 2003 Appellate Division, Fourth Department As corrected through Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 25, 2004

In the Matter of Brandon K. and Another, Infants. Erie County Department of Social Services, Respondent; Linda P., Appellant.

—Appeal from an order of Family Court, Erie County (Rosa, J.), entered January 17, 2002, which directed respondent to submit to a psychological evaluation.

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

Memorandum: Family Court properly exercised its broad authority in directing respondent to submit to a psychological evaluation (see Family Ct Act § 251 [a]; Matter of Henrietta D. v Jack K., 272 AD2d 995 [2000]). Contrary to respondent's contentions, the court's directive effectuated rather than altered the dispositional order, and the order was not made in violation of respondent's right to counsel (cf. Matter of Patricia L. v Steven L., 119 AD2d 221, 224-225 [1986]). Present—Green, J.P., Scudder, Gorski, Lawton and Hayes, JJ.