New York Supreme and/or Appellate Courts Appellate Division, First Department
February 9, 2012
IN RE EVANGELINE R., PETITIONER-APPELLANT,
JONATHAN R., ET AL., RESPONDENTS-RESPONDENTS.
Matter of Matter of Evangeline R. v Jonathan R.
Decided on February 9, 2012
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.
Tom, J.P., Sweeny, Acosta, Renwick, Roman, JJ.
Order, Family Court, New York County (George L. Jurow, J.), entered on or about October 14, 2010, which, inter alia, dismissed petitioner's custody petition without prejudice, unanimously affirmed, without costs.
The petition does not sufficiently allege any extraordinary circumstances so as to require a full evidentiary hearing under Matter of Bennett v Jeffreys (40 NY2d 543 ). While petitioner claims that the child's parents both suffer from mental illnesses, and that the father has anger management issues, the record shows that an ACS caseworker has been actively monitoring the parents' situation, and has referred them for preventive services, including mental health counseling. The caseworker also confirmed that the child's safety is not at risk.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: FEBRUARY 9, 2012
© 1992-2012 VersusLaw Inc.