MATTER OF KELLY O.


44 A.D.3d 951 (2007)

846 N.Y.S.2d 188

In the Matter of DESTINY O. KELLY O. et al., Respondents; BRYANT M., Appellant. (Proceeding No. 1.) In the Matter of BRYANT M., Appellant, v. KELLY O., Respondent. (Proceeding No. 2.)

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

Decided October 23, 2007.


Ordered that the order is affirmed, without costs or disbursements.

The father, who is incarcerated, petitioned the Family Court, inter alia, for a change of custody to place the subject child with her paternal grandmother and a paternal aunt until his release from jail. On October 7, 2005 the child's mother surrendered her parental rights in a related judicial surrender proceeding. Approximately 1½ hours later, the father was produced in court on his petition...

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