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MATTER OF DAVID EDWARD D. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES

35 A.D.3d 856 (2006)

828 N.Y.S.2d 438

In the Matter of DAVID EDWARD D. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Appellant; MICHELLE D. et al., Respondents.

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

Decided December 26, 2006.

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

In determining a removal application pursuant to Family Court Act § 1027, the court must "engage in a balancing test of the imminent risk [to the child's life or health] with the best interests of the child and, where appropriate, the reasonable efforts made to avoid removal or continuing removal" (Nicholson v Scoppetta, 3 N.Y.3d 357

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