| Matter of Garcia v New York State Off. of Children & Family Servs. |
| 2022 NY Slip Op 01514 [203 AD3d 488] |
| March 10, 2022 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Ivelisse Garcia, Petitioner, v New York State Office of Children and Family Services, Respondent. |
Law Office of Roland R. Acevedo, New York (Roland R. Acevedo of counsel), for petitioner.
Letitia James, Attorney General, New York (Eric R. Haren of counsel), for respondent.
Determination of respondent, dated January 22, 2020, which, after a hearing, sustained the determination that the subject child was not to be returned to petitioner's home, and that the determination to remove the child was correct, unanimously confirmed, the petition denied, and the proceeding, brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Eileen A. Rakower, J.], entered Oct. 8, 2020), dismissed, without costs.
Substantial evidence supports respondent's conclusion that there was a strong basis to believe that petitioner would not take appropriate steps to protect the child's future health and wellbeing, and removal of the child from petitioner's care was not irrational (see generally Matter of Urena v Wing, 260 AD2d 158, 159 [1st Dept 1999]). Concur—Manzanet-Daniels, J.P., Mazzarelli, González, Shulman, Rodriguez, JJ.