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MATTER OF CHILDREN

59 A.D.3d 616 (2009)

872 N.Y.S.2d 921

In the Matter of C. CHILDREN, Infants. ADMINISTRATION FOR CHILDREN'S SERVICES et al., Respondents; JOHN R., Appellant, et al., Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 17, 2009.

Ordered that on the Court's own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is affirmed, without costs or disbursements.

The father failed to establish that the proceeding was barred by the doctrine of collateral estoppel (see Kaufman v Eli Lilly & Co., 65 N.Y.2d 449, 455-456...

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