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MATTER OF BARCENE v. PARRILLA

2018-13271, Docket Nos. V-18172-18, V-18173-18.

176 A.D.3d 1050 (2019)

108 N.Y.S.3d 898

2019 NY Slip Op 07575

In the Matter of Elizabeth Barcene, Appellant, v. Ramona Parrilla et al., Respondents.

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

Decided October 23, 2019.

Attorney(s) appearing for the Case

Daniel E. Lubetsky , Jamaica, NY, for appellant.

Georgia M. Pestana , Acting Corporation Counsel, New York, NY ( Scott Shorr and Diana Lawless of counsel), for respondent Administration for Children's Services.

Janet E. Sabel , New York, NY ( Dawne A. Mitchell and Judith Stern of counsel), attorney for the children.

Scheinkman, P.J., Balkin, Roman and Connolly, JJ., concur.

Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Family Court, Queens County, for a hearing on the mother's custody petition and a new determination thereafter of the petition.

In 2015, the Administration for Children's Services (hereinafter ACS) filed petitions alleging that the mother neglected the subject children. Prior to the filing of the petitions, the children had...

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