IN THE MATTER OF ALYSSA S

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Docket Number

2002-00358

Attorney(S)

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Paul L. Herzfeld of counsel), for appellant. Crystal L. Screen, Jamaica, N.Y., for respondent. Monica Drinane, New York, N.Y. (Susan Clement and Eileen Murphy of counsel), Law Guardian for the children.

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IN THE MATTER OF ALYSSA S. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES — QUEENS, appellant; DANIELLE P. (ANONYMOUS), respondent. (PROCEEDING NO. 1) IN THE MATTER OF ALYANNA S. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES — QUEENS, appellant; DANIELLE P. (ANONYMOUS), respondent. (PROCEEDING NO. 2)

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The petitioner did not meet its burden of establishing that the children should remain in its custody (see Matter of Shevonne C., 292 A.D.2d 452). The evidence adduced by the petitioner failed to establish that the return of the children posed an imminent risk to their health since the offending circumstances had been remedied. Moreover, the respondent mother fully complied with the service plan offered by the petitioner. Under the circumstances, the Family Court properly directed the return of the children to the mother pending the final determination of the petitions (see Matter of Commissioner of Admin. for Children's Servs. of City of N.Y. o/b/o Stephen D., 250 A.D.2d 845; Matter of Hiram V., 162 A.D.2d 453, 454).

ALTMAN, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.

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