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MATTER OF TRISTRAM K.

36 A.D.3d 147 (2006)

824 N.Y.S.2d 232

In the Matter of TRISTRAM K., an Infant. JING K., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent, and DOUGLAS K. et al., Intervenors-Respondents.

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

November 2, 2006.

Attorney(s) appearing for the Case

Sanctuary for Families' Center for Battered Women's Legal Services, New York City (Mary Rothwell Davis of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Jane L. Gordon and Edward F.X. Hart of counsel), for Administration for Children's Services, respondent.

Philip Schiff, New York City, for Douglas K. and another, respondents.

Tamara A. Steckler, The Legal Aid Society, New York City (Judith Stern and Rebecca Rubloff of counsel), Law Guardian.

SULLIVAN, J.P., WILLIAMS and McGUIRE, JJ., concur.

OPINION OF THE COURT

GONZALEZ, J.

On this appeal, we must decide whether Family Court Act § 1035 (f) precludes a child's relatives from intervening in Family Court Act article 10 child protective proceedings, where the only living parent has appeared in the proceeding and refuses to consent to intervention. Based upon the plain meaning of the statutory language, we reverse and find that Family Court erred in permitting intervention by the child's paternal...

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