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MATTER OF TANISEA F. ADMINISTRATION FOR CHILDREN'S SERVICES

44 A.D.3d 1043 (2007)

845 N.Y.S.2d 379

In the Matter of TANISEA F. ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant; WAYNE F., Respondent.

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

Decided October 30, 2007.

Ordered that the order is reversed, on the facts and in the exercise of discretion, without costs or disbursements.

The Family Court improvidently exercised its discretion in directing the Administration for Children's Services (hereinafter ACS) to pay the father's attorney's fee arising from an October 26, 2006 court appearance wherein ACS was not ready to proceed with a scheduled permanency planning hearing. An award of an attorney's fee is not justified where,...

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