Shirley E. v. David E.

Mercure, J.P.

Appeal from an order of the Family Court of Chenango County (Sullivan, J.), entered June 4, 2008, which *1232dismissed petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, for custody of petitioner’s grandchild.

In March 2008, respondent Chenango County Department of Social Services filed a petition seeking to terminate the parental rights of the subject child’s parents based upon permanent neglect. The child, born in 2005, has evidently been in foster care since November 2006. Petitioner, the child’s paternal grandmother, commenced this proceeding seeking…