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Matter of Oscar and Odalis L.

Intervention in parental rights proceeding is untimely, would deny children permanency.

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Judge Salinitro

MATTER OF OSCAR L. AND ODALIS L. — On January 7, 2000, Sheltering Arms Children’s Service Agency (“Agency”) filed petitions pursuant to Section 384-b of the Social Services Law requesting that the Court terminate the parental rights of respondents Eva C. and Laurentino L. to the subject children, Oscar L. and Odalis L. The Agency alleged that both Eva C. and Laurentino L. abandoned the children, and that Eva C. permanently neglected the children. On December 11, 2001, Rogaciano L., who is the paternal uncle of the subject children, filed petitions for custody of both children. On February 26, 2002, Jose C., the maternal uncle of the subject children, filed petitions for custody of both children. On September 13, 2002, the Administration for Children’s Services (“ACS”) filed extension of placement petitions and notices of permanency hearings for the children who are in placement with ACS. On January 7, 2003, Rogaciano L. filed a motion requesting that the Court allow him to intervene in the termination proceedings, the extension of placement, and permanency hearings pursuant to CPLR Section 1013 as well as for consolidation of the matters under Section 602(a) of the CPLR. The Agency opposes the motion. The Law Guardian does not oppose the application to intervene in the proceedings but opposes the granting of custody of the children to Rogaciano L.1 Neither respondent submitted responses to the petitioner’s motion to intervene.

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