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In re Jessica D.

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1994
208 A.D.2d 626 (N.Y. App. Div. 1994)

Opinion

October 11, 1994

Appeal from the Family Court, Westchester County (Spitz, J.).


Ordered that the order of disposition is affirmed, without costs or disbursements.

The appellant admitted that, notwithstanding the fact that she had obtained an order of protection preventing the father from coming near her or her residence after an alleged incident of sexual misconduct on his part with respect to both her and their child, she allowed him back into her home approximately one month after the incident in question. This was sufficient to support a determination that the child had been "neglected", insofar as the child's mental or emotional condition was in imminent danger of becoming impaired as a result of the failure of the appellant to exercise a minimum degree of care "in providing the child with proper supervision or guardianship" (Family Ct Act § 1012 [f] [i] [B]; see, e.g., Matter of New York City Dept. of Social Servs. [Anna Marie A.] v. Elena A., 194 A.D.2d 608; Matter of Jose Y., 177 A.D.2d 580).

Although the court erred in failing to include in the dispositional order the grounds for its findings with respect thereto (see, Family Ct Act § 1052 [b] [i]), this technical error was harmless (see, CPLR 2001; see, e.g., Matter of Rachel G., 185 A.D.2d 382, 383-384), given the extent to which the court set forth its reasons on the record and the lack of prejudice to the appellant by the court's failure to set forth these reasons in the dispositional order.

We have examined the appellant's remaining contentions with respect to the propriety of the fact-finding and dispositional orders and find them to be without merit. Rosenblatt, J.P., O'Brien, Ritter and Florio, JJ., concur.


Summaries of

In re Jessica D.

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1994
208 A.D.2d 626 (N.Y. App. Div. 1994)
Case details for

In re Jessica D.

Case Details

Full title:In the Matter of JESSICA D. WESTCHESTER COUNTY DEPARTMENT OF SOCIAL…

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

Date published: Oct 11, 1994

Citations

208 A.D.2d 626 (N.Y. App. Div. 1994)
617 N.Y.S.2d 185

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