Opinion
May 2, 1995
Appeal from the Family Court, New York County (Paul Grosvenor, J.).
There is no merit to respondent's contention that this case should be remanded for a good cause hearing pursuant to section 1055 (b) (i) of the Family Court Act. Such a determination is required when a petition to extend the placement of a child resulting from an earlier finding of neglect is not filed at least sixty days prior to the expiration of the period of placement. However, after the order placing the subject children with the Commissioner of Social Services inadvertently lapsed, the Commissioner did not file a petition to extend that placement; it filed a new neglect petition. There is no similar good cause pre-requisite for the filing of a new petition in this situation (see, Matter of Shaniqua L., 193 A.D.2d 370; Matter of Clara deJ., 186 A.D.2d 33).
Even if the petition could be construed as one to extend placement rather than one for neglect, and even if good cause could not be shown in this case, dismissal is not required; rather, the court may either dismiss the petition or convert the petition into a de novo neglect petition (see, Matter of Lindsay W., 129 A.D.2d 800). As the petition was treated as a de novo petition and we find the evidence sufficient to support the new finding of neglect based on the respondent-mother's mental illness (see, e.g., Matter of Ayana E., 162 A.D.2d 330, lv denied 76 N.Y.2d 708; Matter of Zariyasta S., 158 A.D.2d 45, 48), we would affirm.
Concur — Murphy, P.J., Rosenberger, Rubin, Tom and Mazzarelli, JJ.