Matter of Crystalyn P.
2007 NY Slip Op 03930 [40 AD3d 650]
May 1, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 11, 2007


In the Matter of Crystalyn P. Dutchess County Department of Social Services, Respondent; Barbara P., Appellant.

—[*1] Salvatore C. Adamo, New York, N.Y., for appellant.

Ronald L. Wozniak, County Attorney, Poughkeepsie, N.Y. (Richard A. Ott of counsel), for respondent.

Michael J. Tomkovitch, Hopewell Junction, N.Y., Law Guardian.

In a proceeding pursuant to Social Services Law § 383-c, the biological mother appeals from an order of the Family Court, Dutchess County (Forman, J.), dated March 29, 2006, which denied the petition and dismissed the proceeding.

Ordered that the order is affirmed, without costs or disbursements.

Under the circumstances of this case, the Family Court properly denied the biological mother's petition, in effect, to revoke the judicial surrender of her child (see Social Services Law § 383-c; Matter of Torres v Scopetta, 2 AD3d 533 [2003]). Mastro, J.P., Rivera, Dillon and Carni, JJ., concur.