Matter of Salvatore M. (Nicole M.)

Matter of Matter of Salvatore M. (Nicole M.) 2011 NY Slip Op 09129 Decided on December 13, 2011 Appellate Division, Second 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 December 13, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
ANITA R. FLORIO, J.P.
RUTH C. BALKIN
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
2011-01766
(Docket No. N-17422-10)

[*1]In the Matter of Salvatore M. (Anonymous). Suffolk County Department of Social Services, respondent;

and

Nicole M. (Anonymous), appellant.




Levine & Chong, LLC, Mineola, N.Y. (Alexander Levine of
counsel), for appellant.
Christine Malafi, County Attorney, Central Islip, N.Y. (James G.
Bernet of counsel), for respondent.
Chas G. Cancellare, Hauppauge, N.Y., attorney for the child.


DECISION & ORDER

In a child neglect proceeding pursuant to Family Court Act article 10, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Suffolk County (Loguercio, J.), dated January 14, 2011, as, without a hearing, released the subject child into the custody of the father.

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the mother's contention, the Family Court was not required to conduct a hearing prior to releasing the child into the father's custody. The Suffolk County Department of Social Services (hereinafter the DSS) made an application to withdraw its neglect petition insofar as asserted against the father following the completion of a forensic evaluation and sexual abuse validation report, which concluded that the allegations against the father were unfounded. The Family Court reviewed the report, granted the DSS's application, and determined that it was appropriate for the father to have custody of the child (see Family Ct Act § 1017[2]). This determination is amply supported by the record.
FLORIO, J.P., BALKIN, BELEN and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court