In re Carmelo R.

OPINION OF THE COURT

Daniel D. Leddy, Jr., J.

Carmelo R. is a retarded youngster who was born on July 19, 1969 and entered foster care pursuant to a voluntary placement instrument dated July 11, 1984. (Social Services Law § 384-a.) In this case, a petition to review the foster care status of Carmelo should have been filed in the Family Court by the Commissioner of Social Services of the City of New York (Commissioner) "at least sixty days prior to the end of the month which would constitute the eighteenth month of continuous foster care placement” (Social Services Law § 392 [3] [d]).

Accordingly,…