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In Re Joseph P.S., Petitioner-Respondent, Anna Y. S., et al., Petitioners v. New York City Administration For Children's Services

New York Supreme Court Appellate Division, First Department


March 14, 2013

IN RE JOSEPH P.S., PETITIONER-RESPONDENT, ANNA Y. S., ET AL., PETITIONERS,
v.
NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES, ET AL., RESPONDENTS, JEFFREY K., ET AL., INTERVENORS-APPELLANTS.

Matter of Joseph P.S. v New York City Admin. for Children's Servs.

Decided on March 14, 2013

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.

Gonzalez, P.J., Tom, Richter, Abdus-Salaam, JJ.

Order, Family Court, New York County (Susan K. Knipps, J.), entered on or about May 22, 2012, which granted petitioner paternal grandfather's application for discovery of documents concerning the intervenor foster parents to the extent of permitting the grandfather's counsel to inspect a redacted version of the records in the courtroom prior to the dispositional/custody hearing, and to discuss the records with the grandfather for the purposes of the hearing, unanimously affirmed, without costs.

The court properly determined that information concerning the foster parents' fitness to adopt the subject child is relevant to the combined proceeding on the agency's petition to terminate the father's parental rights to free the child for adoption by the foster parents, and the grandfather's petition for custody of the child (see Social Services Law § 372[4][a]; Matter of Louis F., 42 NY2d 260, 264-265 [1977]). The court properly reviewed the records and redacted the portions that are not relevant to the issues in the upcoming proceeding, such as the identification of family members and physical locations, and properly limited disclosure of the information to the proceeding.

M-764 -In re S. Children Motion to reargue prior motion or for further relief denied.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 14, 2013

CLERK

20130314

© 1992-2013 VersusLaw Inc.



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