Matter of Leibert v New York State Off. of Children & Family Servs., 2011 NY Slip Op 02473 [82 AD3d 655]

March 29, 2011

Appellate Division, First Department

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Robert P. Santoriella, PC, Brooklyn (Helen T. Montana-Marson of counsel), for petitioner.

Andrew M. Cuomo, Attorney General, New York (Marion R. Buchbinder of counsel), for New York State Office of Children and Family Services and John Udochi, Bureau of Special Hearings, respondents.

Rosin Steinhagen Mendel, New York (Benjamin J. Rosin of counsel), for Children’s Aid Society, respondent.

Determination of respondent New York State Office of Children and Family Services (OCFS), dated September 19, 2008, which affirmed the decision of respondents Administration for Children Services and the Children’s Aid Society to remove two foster children permanently from petitioner’s home, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Paul G. Feinman, J.], entered on or about August 19, 2009) dismissed, without costs.

The record contains substantial evidence that supports the determination that the children’s best interests would be served by their removal from petitioner’s home ( see Matter of O’Rourke v Kirby , 54 NY2d 8, 16 [1981]). The evidence also supports the finding that petitioner failed to provide one of the boys with his prescribed medication ( see Matter of Joshua Noel A. , 40 AD3d 749 [2007]). Concur—Tom, J.P., Sweeney, Catterson, Acosta and Manzanet-Daniels, JJ..