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MTR OF JAMIE J (MICHELLE EC)

No. 118.

30 N.Y.3d 275 (2017)

89 N.E.3d 468

67 N.Y.S.3d 78

2017 NY Slip Op 08161

In the Matter of JAMIE J. WAYNE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; MICHELLE E.C., Appellant.

Court of Appeals of New York.

Decided November 20, 2017.

Attorney(s) appearing for the Case

Legal Assistance of Western New York, Geneva ( Katharine F. Woods of counsel), The Bronx Defenders, Bronx ( Emma S. Ketteringham and Saul Zipkin of counsel), Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York City ( Roberto Finzi , Katriana G. Roh and Jennifer S. Garrett of counsel), and NYU Family Defense Clinic, Washington Square Legal Services, New York City ( Martin Guggenheim and Christine Gottlieb of counsel), for appellant.

Gary Lee Bennett , Wayne County Department of Social Services, Lyons, for respondent.

James S. Hinman, P.C., Rochester ( James S. Hinman of counsel), for James R. and another, interested parties.

Devalk, Power, Lair & Warner, P.C., Sodus ( Sean D. Lair of counsel), Attorney for the Child.

Mayer Brown LLP, New York City ( Scott A. Chesin and Allison Levine Stillman of counsel), for Lawyers for Children, Inc. and another, amici curiae.

Chief Judge DiFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA and FEINMAN concur.

OPINION OF THE COURT

This case presents the novel question of whether Family Court retains subject matter jurisdiction to conduct a permanency hearing pursuant to Family Court Act article 10-A once the underlying neglect petition brought under article 10 of that statute has been dismissed for failure to prove neglect. We hold...

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