Matter of Frankie S. (Katiria Y.)

Order, Family Court, Bronx County (Sarah R Cooper, J.), entered on or about October 13, 2016, which denied respondent mother’s motion to modify the order of disposition entered on or about July 30, 2015, unanimously affirmed, without costs.

Modification of the dispositional order and vacatur of the neglect finding is not authorized under Family Court Act § 1051 (c), since that statute only permits dismissal at the fact-finding stage (see Matter of Leenasia C. [Lamarriea C.], 154 AD3d 1, 8 [1st Dept 2017]). Nor are modification and vacatur warranted under Family Court Act § 1061, as the mother…