Matter of Jose F. v Rosa R.N.A.
2009 NY Slip Op 03609 [62 AD3d 413]
May 5, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 1, 2009


In the Matter of Jose F., Respondent,
v
Rosa R.N.A., Respondent, and Lawyers for Children, Inc., Appellant.

—[*1] WolfBlock LLP, New York (Kenneth G. Roberts of counsel), for appellant.

Philip Schiff, New York, for Jose F., respondent.

Order, Family Court, New York County (Helen C. Sturm, J.), entered on or about October 25, 2007, which changed custody of the subject child from respondent mother to petitioner father, unanimously reversed, on the facts, without costs, and the matter remanded to Family Court for further proceedings consistent herewith.

While the decision of the Family Court was pending, and immediately after said decision was rendered, events took place which call into question whether the father has engaged in conduct detrimental to the well-being of the child, and thus, whether it is in the best interests of the child for custody to be changed to the father. Accordingly, this matter is remanded to Family Court for further proceedings as to these issues. Concur—Tom, J.P., Andrias, Saxe, Moskowitz and DeGrasse, JJ.