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In re Jordan T. R. (Anonymous)

Supreme Court of New York, Second Department

January 29, 2014

In the Matter of Jordan T. R. (Anonymous). Administration for Children's Services, respondent; and David R. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Mariah T. R. (Anonymous). Administration for Children's Services, respondent; and David R. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Imani C. T. S. (Anonymous). Administration for Children's Services, respondent; and David R. (Anonymous), et al., appellants. (Proceeding No. 3) In the Matter of Angela T. R. (Anonymous). Administration for Children's Services, respondent; and David R. (Anonymous), et al., appellants. (Proceeding No. 4) Docket Nos. N-10235/10, N-10236/10, N-7373/11, N-7374/11

Rhonda R. Weir, Brooklyn, N.Y., for appellant David R. Cheryl Gammone, Staten Island, N.Y., for appellant Antoinette T.

Jeffrey D. Friedlander, Acting Corporation Counsel, New York, N.Y. (Francis F. Caputo and Avshalom Yotam of counsel), for respondent.

Francine Shraga, Brooklyn, N.Y., attorney for the children Jordan T. R. and Mariah T. R. Steven Banks, New York, N.Y. (Tamara A. Steckler and Judith Stern of counsel), attorney for the child Imani C. T. S.

MARK C. DILLON, J.P., JOHN M. LEVENTHAL, L. PRISCILLA HALL, LEONARD B. AUSTIN, JJ.

DECISION & ORDER

In related child abuse proceedings pursuant to Family Court Act article 10, David R. appeals, as limited by his brief, (1) from so much of an order of fact-finding of the Family Court, Kings County (Ambrosio, J.), dated July 6, 2011, as, after a hearing, found that he abused the child Angela T. R. and derivatively abused the children Imani C. T. S., Jordan T. R., and Mariah T. R., and (2) from stated portions of an order of disposition of the same court (Gruebel, J.), dated June 20, 2012, which, among other things, released the children Jordan T. R. and Mariah T. R. to the custody of the mother, and the mother separately appeals (1), as limited by her brief, from so much of the same order of fact-finding as found that she had abused the child Angela T. R., and derivatively abused the children Imani C. T. S., Jordan T. R., and Mariah T. R., (2), as limited by her brief, from stated portions of the same order of disposition which, among other things, released the children Jordan T. R. and Mariah T. R. to her custody, with supervision by the New York City Administration for Children's Services for a period of up to 12 months, and (3) a separate order of disposition of the same court, also dated June 20, 2012, which, inter alia, upon the fact-finding order finding that she derivatively abused the child Imani C. T. S., released that child to the custody of the biological father.

ORDERED that the mother's appeal from so much of the order of fact-finding as found that she derivatively abused the children Imani C. T. S., Jordan T. R., and Mariah T. R. is dismissed, without costs or disbursements, as those portions of the order of fact-finding were superseded by the respective orders of disposition; and it is further,

ORDERED that the appeal by David R. from so much of the order of fact-finding as found that he derivatively abused the children Jordan T. R. and Mariah T. R. is dismissed, without costs or disbursements, as those portions of the order of fact-finding were superseded by the order of disposition pertaining to those children; and it is further,

ORDERED that the mother's appeal from stated portions of the order of disposition pertaining to the children Jordan T. R. and Mariah T. R. is dismissed as academic, without costs or disbursements, except insofar as it brings up for review so much of the order of fact-finding as found that she derivatively abused those children, as the portions of the order from which she appeals have expired by their own terms; and it is further,

ORDERED that the order of fact-finding is affirmed insofar as reviewed on the appeal by David R., without costs or disbursements; and it is further,

ORDERED that the order of fact-finding is reversed insofar as reviewed on the appeal by the mother, on the law and the facts, without costs or disbursements, the petition in Proceeding No. 4, which pertains to the child Angela T. R., is denied insofar as asserted against the mother, and that proceeding is dismissed insofar as asserted against the mother; and it is further,

ORDERED that the order of disposition pertaining to the children Jordan T. R. and Mariah T. R. is affirmed insofar as reviewed on the appeal by David R., without costs or disbursements; and it is further,

ORDERED that the order of disposition pertaining to the children Jordan T. R. and Mariah T. R. is reversed insofar as reviewed on the appeal by the mother, on the law and the facts, without costs or disbursements, so much of the order of fact-finding as found that the mother derivatively abused the children Jordan T. R. and Mariah T. R. is vacated, the petitions in Proceeding Nos. 1 and 2, which pertain to the children Jordan T. R. and Mariah T. R., respectively, are denied insofar as asserted against the mother, and those proceedings are dismissed insofar as asserted against the mother; and it is further,

ORDERED that the order of disposition pertaining to the child Imani C. T. S. is reversed, on the law and the facts, without costs or disbursements, and so much of the order of fact-finding as found that the mother derivatively abused the child Imani C. T. S. is vacated, the petition in Proceeding No. 3, which pertains to the child Imani C. T. S., is denied insofar as asserted against the mother, and that proceeding is dismissed insofar as asserted against the mother.

On March 19, 2010, the child Angela T. R. was admitted to a hospital and found to have suffered injuries consistent with "shaken baby syndrome." At the time of her admission, she presented signs of brain death and was placed on life-support equipment. The New York City Administration for Children's Services (hereinafter the ACS) filed petitions against Antoinette T. (hereinafter the mother) and David R., alleging that they had abused the subject children Angela T. R. and Imani C. T. S. The petitions alleged that the mother was the biological mother of both children and that David R. was a person legally responsible for Imani and the biological father of Angela. Angela was declared brain dead on April 6, 2010, and subsequently was removed from life-support systems. During the pendency of these proceedings, the ...


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