Matter of Shaymari R. (Lamar R.)
2023 NY Slip Op 05813 [221 AD3d 1447]
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 Shaymari R. Erie County Department of Social Services, Respondent; Lamar R. et al., Appellants. (Appeal No. 2.)

Caitlin M. Connelly, Buffalo, for respondent-appellant Lamar R.

Charles J. Greenberg, Amherst, for respondent-appellant Jeanette R.

Rebecca Hoffman, Buffalo, for petitioner-respondent.

Kelly M. Forst, Rochester, Attorney for the Child.

Appeals from an order of the Family Court, Erie County (Kelly A. Brinkworth, J.), dated March 7, 2022, in a proceeding pursuant to Family Court Act article 10. The order, insofar as appealed from, determined that respondent Lamar R. has abused the subject child and that respondent Jeanette R. had neglected the subject child.

It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating the adjudication of neglect against respondent Jeanette R. and dismissing the petition against her and as modified the order is affirmed without costs.

Same memorandum as in Matter of Zakiyyah T. (Lamar R.) (221 AD3d 1443 [4th Dept 2023]). Present—Whalen, P.J., Lindley, Ogden, Nowak and DelConte, JJ.