MATTER OF ZAKKARIYYA D. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES


32 A.D.3d 936 (2006)

822 N.Y.S.2d 85

In the Matter of ZAKKARIYYA D. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Appellant; SATARI D., Respondent; FRANKLYN ROWE et al., Intervenors-Appellants.

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

September 19, 2006.


Ordered that the orders are affirmed, without costs or disbursements, and upon expiration of the stay of enforcement of the orders pursuant to CPLR 5519 (e), the child, Zakkariyya D., shall be returned to her mother under the supervision of the petitioner for a period of one year.

The petitioner did not meet its burden of establishing by a preponderance of the evidence that the mother was presently unable to care for the subject child and that the continuation of...

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