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In Re Adena I., A Child Under the Age of Eighteen Years, Etc v. Administration For Children's Services

New York Supreme and/or Appellate Courts Appellate Division, First Department


January 12, 2012

IN RE ADENA I., A CHILD UNDER THE AGE OF EIGHTEEN YEARS, ETC., AND CLAUDE I.,
RESPONDENT-APPELLANT,
v.
ADMINISTRATION FOR CHILDREN'S SERVICES,
PETITIONER-RESPONDENT.

Matter of Matter of Adena I. (Claude I.)

Decided on January 12, 2012

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Andrias, Saxe, Freedman, Roman, JJ.

Order, Family Court, New York County (Clark V. Richardson, J.), entered on or about October 25, 2010, which, after a hearing, found that respondent had neglected the subject child, unanimously affirmed, without costs.

Appeal from order of disposition, same court and Judge, entered on or about February 16, 2011, which placed the child in the custody of the Commissioner for Social Services for the City of New York until the completion of the next permanency hearing, unanimously dismissed, without costs.

The finding of neglect was supported by a preponderance of the evidence. Under the circumstances presented, the court properly found that the child's physical, mental or emotional condition was in imminent danger of becoming impaired (see Family Ct Act § 1012 [f][I]; see also Matter of Kayla W., 47 AD3d 571, 572 [2008]). Respondent's appeal from the dispositional order is dismissed, since its placement terms have expired (see Matter of Pedro C. [Josephine B.], 1 AD3d 267 [2003]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 12, 2012

CLERK

20120112

© 1992-2012 VersusLaw Inc.



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