| Matter of Aniyah Mc. (Ann Marie Mc.) |
| 2010 NY Slip Op 00263 [69 AD3d 729] |
| January 12, 2010 |
| Appellate Division, Second Department |
| In the Matter of Aniyah Mc., an Infant. Administration forChildren's Services, Respondent; Ann Marie Mc., Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Edward F.X. Hart and MartaRoss of counsel), for respondent. Steven Banks, New York, N.Y. (Tamara A. Steckler, Judith Stern, and Sara Reisberg ofcounsel), attorney for the child.
In a child neglect proceeding pursuant to Family Court Act article 10, the mother appeals, aslimited by her brief, from so much of an order of the Family Court, Kings County (Danoff, J.),dated November 20, 2008, as, after a permanency hearing, in effect, denied her application forthe immediate return of the subject child to her custody or, in the alternative, to modify visitationfrom supervised to partial unsupervised.
Ordered that the appeal from so much of the order as denied that branch of the mother'sapplication which was to modify visitation from supervised to partial unsupervised, is dismissed,without costs or disbursements, as academic; and it is further,
Ordered that the order is affirmed insofar as reviewed, without costs or disbursements.
That branch of the mother's application which was for the immediate return of the subjectchild was improperly made in the course of a permanency hearing held pursuant to Family CourtAct § 1089 and while the neglect proceeding was still pending. Thus, having not beenproperly made pursuant to either section 1028 or section 1061 of the Family Court Act, theapplication was properly denied by the Family Court (see Family Ct Act §§1028, 1061).
That branch of the mother's application which was for partial unsupervised visitation hasbeen rendered academic because the subject agency has modified the mother's visits with thechild to permit unsupervised contact for half of each visit (see Pollack v Pollack, 56 AD3d 637 [2008]; Matter of Damian M., 41 AD3d600 [2007]). Rivera, J.P., Miller, Dickerson and Roman, JJ., concur.