London v. Niagara County Department of Social Services

—Amended order unanimously reversed on the law without costs, petition reinstated and matter remitted to Niagara County Family Court for further proceedings in accordance with the following Memorandum: Petitioner commenced this proceeding under article 6 of the Family Court Act seeking custody of a child she surrendered for adoption pursuant to Social Services Law § 384. Family Court erred in dismissing the petition without a hearing. The child was never adopted and is in foster care. Until a surrendered child has been placed in an adoptive home, “the surrender remains under and subject to…