BENTLEY XX. (ERIC XX.)

516265

121 A.D.3d 209 (2014)

989 N.Y.S.2d 544

2014 NY Slip Op 5222

In the Matter of BENTLEY XX., an Infant. ST. LAWRENCE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent, and ERIC XX., Appellant. (And Another Related Proceeding.)

Appellate Division of the Supreme Court of New York, Third Department.

Decided July 10, 2014.


Attorney(s) appearing for the Case

Alexander Lesyk , Norwood, for appellant.

David Willer , St. Lawrence County Department of Social Services, Canton, for respondent.

Cheryl Maxwell , Plattsburgh, Attorney for the Child.

STEIN, J.P., McCARTHY, GARRY and LYNCH, JJ., concur.


OPINION OF THE COURT

DEVINE, J.

Respondent is the biological father of a son, Bentley XX. (born in 2010), who has been in the care and custody of petitioner since birth. In February 2012, respondent executed a conditional judicial surrender of the guardianship and custody of Bentley (see Social Services Law § 383-c). The condition relevant to the present dispute states that "the surrender of guardianship and custody of Bentley [XX.] is subject...

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