Matter of Malachi S.A. (Robert A.)

Matter of Malachi S.A. (Robert A.) 2023 NY Slip Op 05810 Decided on November 17, 2023 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 November 17, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., LINDLEY, OGDEN, NOWAK, AND DELCONTE, JJ.
670 CAF 21-01537

[*1]IN THE MATTER OF MALACHI S.A. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; ROBERT A., RESPONDENT-APPELLANT. (APPEAL NO. 2.)

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

REBECCA HOFFMAN, BUFFALO, FOR PETITIONER-RESPONDENT.

JENNIFER M. LORENZ, ORCHARD PARK, ATTORNEY FOR THE CHILD.

Appeal from a corrected order of the Family Court, Erie County (Margaret O. Szczur, J.), dated September 23, 2021, in a proceeding pursuant to Social Services Law section 383-c. The corrected order denied respondent's motion to vacate a prior conditional judicial surrender order with respect to the subject child.

It is hereby ORDERED that the corrected order so appealed from is unanimously affirmed without costs.

Same memorandum as in Matter of Liam M.A. (Robert A.) ([appeal No. 1] — AD3d — [Nov. 17, 2023] [4th Dept 2023]).

Entered: November 17, 2023

Ann Dillon Flynn

Clerk of the Court