In the Matter of Sebastian L.

Motion No: M-6770

Slip Opinion No: 2018 NYSlipOp 67281(U)

Decided on March 20, 2018

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

March 20, 2018

In the Matter of

Sebastian L.,

CONFIDENTIAL

A Child Under 18 Years of Age Alleged to be Neglected and/or Docket No. NA-33195/17

Abused Under Article 10 of the

Family Court Act.

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Commissioner of Social Services

of the City of New York,

Petitioner-Appellant,

Jill L. and John L.,

Respondents-Respondents.

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Seymour W. James, Jr., Esq.,

The Legal Aid Society,

Juvenile Rights Division,

Attorney for the Child.

An appeal having been taken by petitioner agency from an order of the Family Court, Bronx County, entered on or about December 22, 2017, And petitioner-appellant agency having moved for an order, pursuant to FCA 1027, directing the removal and remand of the subject child, staying that part of the order being appealed that denied petitioner's application for a remand and directed the child's release to respondent father, and granting leave to re-open the FCA 1027 hearing to allow the introduction of testimony that had been precluded by Family Court. Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is Ordered that the motion is denied. ENTERED: March 20, 2018

_____________________ CLERK

Present: Hon. Peter Tom, Justice Presiding, Barbara R. Kapnick Troy K. Webber Jeffrey K. Oing,Justices

M-6770