| Matter of Elijah O. (Marilyn O.) |
| 2010 NY Slip Op 07547 [77 AD3d 836] |
| October 19, 2010 |
| Appellate Division, Second Department |
| In the Matter of Elijah O., a Child Alleged to be Neglected.Administration for Children's Services, Respondent; Marilyn O.,Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein andSharyn Rootenberg of counsel; Amol Sinha on the brief), for respondent. Alan S. Cabelly, Jamaica, N.Y., attorney for the child.
In a child protective proceeding pursuant to Family Court Act article 10, the mother appealsfrom an order of the Family Court, Queens County (McGowan, J.), dated August 5, 2009, whichdenied her application pursuant to Family Court Act § 1028 (a) for the return of her sonElijah O. to her custody.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the mother's contention, the Family Court properly denied her applicationpursuant to Family Court Act § 1028 (a) to return the subject child to her custody. Theevidence adduced at the hearing established that returning the child to the mother would presentan imminent risk to his emotional, mental, and physical health (see Family Ct Act§ 1028 [a]; Matter of Amber GoldJ., 59 AD3d 719 [2009]; Matterof Gabriel James M., 59 AD3d 448 [2009]).
The parties' remaining contentions are without merit. Rivera, J.P., Angiolillo, Chambers andAustin, JJ., concur.