New York Supreme and/or Appellate Courts Appellate Division, First Department
January 8, 2013
IN RE LANELIS V., A CHILD UNDER THE AGE OF EIGHTEEN YEARS, ETC., AND DAISY C., RESPONDENT-APPELLANT, COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK, PETITIONER-RESPONDENT.
Matter of Lanelis V. (Daisy C.)
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.
Decided on January 8, 2013
Tom, J.P., Andrias, Freedman, Roman, Gische, JJ.
Order of disposition, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about August 5, 2011, which, following a fact-finding hearing that determined that respondent mother had neglected the child, released the subject child to the custody of the mother with 12 months of supervision by petitioner, directed the mother to continue individual therapy, not to interfere with the father's visitation, and to cooperate with petitioner, unanimously affirmed, without costs.
The record supports the court's neglect finding in that the mother subjected the child to multiple, repeated, intrusive physical and mental health examinations based on her unfounded suspicions that the father had sexually abused the child. The record indicates that the mother's charges were thoroughly investigated, and were contraindicated by the child's occasional statements that she was lying about the abuse, that her mother told her to make the statements, and by the child's vague and fanciful descriptions of events.
A suspended judgment was not warranted where the mother persisted in making the unfounded charges, which were detrimental to the child and the child's relationship with the father.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JANUARY 8, 2013
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