Matter of Malachi S.A. (Robert A.)
2023 NY Slip Op 05810 [221 AD3d 1443]
November 17, 2023
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 10, 2024


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 In the Matter of Malachi S.A. Erie County Department of Social Services, Respondent; Robert A., Appellant. (Appeal No. 2.)

David J. Pajak, Alden, for respondent-appellant.

Rebecca Hoffman, Buffalo, for petitioner-respondent.

Jennifer M. Lorenz, Orchard Park, Attorney for the Child.

Appeal from a corrected order of the Family Court, Erie County (Margaret O. Szczur, J.), dated September 23, 2021, in a proceeding pursuant to Social Services Law § 383-c. The corrected order denied respondent's motion to vacate a prior conditional judicial surrender order with respect to the subject child.

It is hereby ordered that the corrected order so appealed from is unanimously affirmed without costs.

Same memorandum as in Matter of Liam M.A. (Robert A.) ([appeal No. 1] 221 AD3d 1441 [4th Dept 2023]). Present—Whalen, P.J., Lindley, Ogden, Nowak and DelConte, JJ.