Matter of Evangeline R. v Jonathan R.
2012 NY Slip Op 00909 [92 AD3d 482]
February 9, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2012


In the Matter of Evangeline R., Appellant,
v
Jonathan R. et al., Respondents.

—[*1] Daniel R. Katz, New York, for appellant.

Order, Family Court, New York County (George L. Jurow, J.H.O.), entered on or about October 14, 2010, which, inter alia, dismissed petitioner's custody petition without prejudice, unanimously affirmed, without costs.

The petition does not sufficiently allege any extraordinary circumstances so as to require a full evidentiary hearing under Matter of Bennett v Jeffreys (40 NY2d 543 [1976]). While petitioner claims that the child's parents both suffer from mental illnesses, and that the father has anger management issues, the record shows that an Administration for Children's Services caseworker has been actively monitoring the parents' situation, and has referred them for preventive services, including mental health counseling. The caseworker also confirmed that the child's safety is not at risk. Concur—Tom, J.P., Sweeny, Acosta, Renwick and RomÁn, JJ.