Matter of Lafvorne B.
2007 NY Slip Op 07428 [44 AD3d 653]
October 2, 2007
Appellate Division, Second Department
As corrected through Wednesday, December 12, 2007


In the Matter of Lafvorne B. Westchester County Department ofSocial Services, Respondent. Paul D. Stone, Nonparty Appellant.

[*1]Paul D. Stone, Tarrytown, N.Y., Law Guardian, nonparty appellant pro se.

Charlene M. Indelicato, County Attorney, White Plains, N.Y. (Stacey Dolgin-Kmetz andLeah Pizer), for respondent.

In a proceeding pursuant to Family Court Act article 10, the appeal is from an order of theFamily Court, Westchester County (Schauer, Ct Atty Ref), entered December 18, 2006, which,after a permanency hearing, found that the Westchester County Department of Social Serviceshad made reasonable efforts to make and finalize a permanency plan for the subject child.

Ordered that the order is affirmed, without costs or disbursements.

At the conclusion of a permanency hearing, the Family Court is required to enter an orderindicating whether "reasonable efforts have been made to effectuate the child's permanency plan"(Family Ct Act § 1089 [d] [2] [iii]).

During the course of the hearing, the Family Court heard testimony from witnesses as to theefforts of the Westchester County Department of Social Services (hereinafter the DSS) to addressthe educational, medical, and behavioral deficits of Lafvorne B., as well as to place him foradoption with his cousin. We find no basis in the record to reverse the Family Court's finding thatthe DSS had made reasonable efforts to make and finalize a permanency plan for Lafvorne.

The Law Guardian's contention that Lafvorne's cousin was improperly rejected as a fosterparent is not properly before us. A challenge to certification of a foster home must be [*2]brought pursuant to CPLR article 78 (see Matter of Jane D. vBane, 192 AD2d 530 [1993]). Schmidt, J.P., Santucci, Florio and Dillon, JJ., concur.


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