From Casetext: Smarter Legal Research

In the Matter of Fatima G

Appellate Division of the Supreme Court of New York, Second Department
Jan 12, 2004
3 A.D.3d 495 (N.Y. App. Div. 2004)

Opinion

2001-07937.

Decided on January 12, 2004.

In a proceeding pursuant to Family Court Act article 10, the mother appeals, as limited by her brief, from so much of an order of disposition of the Family Court, Kings County (Knipps, J.), dated August 3, 2001, as, upon a fact-finding order of the same court dated June 27, 2001, determined that she had neglected the subject child. The appeal from the order of disposition brings up for review the fact-finding order dated June 27, 2001.

David M. Shapiro, Bronx, N.Y., for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Edward F.X. Hart and Drake A. Colley of counsel), for respondent.

Monica Drinane, New York, N.Y. (Eva Pappadopoulos of counsel), Law Guardian for the child.

Before: THOMAS A. ADAMS and BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.

Although the order of disposition has expired, the adjudication of neglect constitutes a permanent and significant stigma, and therefore the appeal is not academic ( see Matter of Kevin D., 300 A.D.2d 304; Matter of Sidney S., 292 A.D.2d 534).

The evidence presented at the fact-finding hearing established by a preponderance of the evidence that the mother, Althia M., neglected her daughter, Fatima G. ( see Family Ct Act § 1012[f][i], 1046[b][i]; Matter of Irene O., 38 N.Y.2d 776; Matter of Tammie Z., 66 N.Y.2d 1).

The remaining contentions are without merit.

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.


Summaries of

In the Matter of Fatima G

Appellate Division of the Supreme Court of New York, Second Department
Jan 12, 2004
3 A.D.3d 495 (N.Y. App. Div. 2004)
Case details for

In the Matter of Fatima G

Case Details

Full title:IN THE MATTER OF FATIMA G. (ANONYMOUS). ADMINISTRATION FOR CHILDREN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 12, 2004

Citations

3 A.D.3d 495 (N.Y. App. Div. 2004)
769 N.Y.S.2d 758

Citing Cases

In the Matter of Sandra S

Clear and convincing evidence supported the Supreme Court's determination that the appellant was unable to…