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Matter of Commissioner of Soc. Serv. v. Susan

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 1995
221 A.D.2d 627 (N.Y. App. Div. 1995)

Opinion

November 27, 1995

Appeal from the Family Court, Kings County (Hepner, J.).


Ordered that the appeal from so much of the dispositional order as directed that the appellant not be left alone with her children for 12 months is dismissed, without costs or disbursements; and it is further,

Ordered that the dispositional order is affirmed insofar as reviewed, without costs or disbursements.

The appellant is not aggrieved by the portion of the dispositional order dated August 13, 1991, which directed that she not be left alone with the children for a 12-month period because she consented to that disposition. Furthermore, that portion of the appeal is academic since the 12-month period has expired. Therefore, the appeal from that portion of the order is dismissed (see, Matter of Commissioner of Social Servs. of City of N.Y. [Tabitha McC.], 202 A.D.2d 502; Matter of Cherilyn P., 192 A.D.2d 1084).

Furthermore, the finding of neglect in the June 19, 1991, fact-finding order was supported by a preponderance of the credible evidence which unequivocally demonstrated that the appellant's diagnosed mental illness and her failure to continue with her prescribed course of medical treatment placed her children at risk and in imminent danger within the meaning of Family Court Act § 1012 (f) (see, Matter of Baby Boy E., 187 A.D.2d 512). O'Brien, J.P., Pizzuto, Santucci and Joy, JJ., concur.


Summaries of

Matter of Commissioner of Soc. Serv. v. Susan

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 1995
221 A.D.2d 627 (N.Y. App. Div. 1995)
Case details for

Matter of Commissioner of Soc. Serv. v. Susan

Case Details

Full title:In the Matter of the COMMISSIONER OF SOCIAL SERVICES, on Behalf of MICHAEL…

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

Date published: Nov 27, 1995

Citations

221 A.D.2d 627 (N.Y. App. Div. 1995)
635 N.Y.S.2d 498

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