MATTER OF COMM'R OF ADMIN. FOR CHILDREN'S SERVS. OF CITY OF NEW YORK


254 A.D.2d 416 (1998)

679 N.Y.S.2d 82

In the Matter of Commissioner of Administration for Children's Services of City of New York, Appellant. Marcel A. et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 19, 1998


Ordered that the order is affirmed insofar as appealed from, without costs and disbursements.

A petition for an extension of foster-care placement is governed by Family Court Act § 1055, which gives the court discretion to order successive extensions of 12 months each (see, Family Ct Act § 1055 [b] [i]). In order to extend the placement, the petitioner must establish, by a preponderance of evidence, that the parents are presently unable to care for...

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