Opinion
July 19, 2001.
Orders, Family Court, Bronx County (Allen Alpert, J.), entered on or about June 5, 2000, which dismissed the instant neglect petition for lack of readiness to proceed at the fact-finding hearing, unanimously affirmed, without costs.
Pamela Seider Dolgow, for petitioner-respondent.
Randi-Lynn Smallheer, for Law Guardian.
Before: Mazzarelli, J.P., Ellerin, Wallach, Rubin, Friedman, JJ.
While Family Court might have extended petitioner yet another continuance to locate its witness, we nevertheless affirm because the court correctly concluded that its aid was not required in this case (Family Ct Act § 1051[c]). The two older children are in Puerto Rico with their grandmother, and the youngest child is already under petitioner's supervision.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.