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Claude I. v. Admin. for Children's Servs. (In re Adena I.)

Supreme Court, Appellate Division, First Department, New York.
Jan 12, 2012
91 A.D.3d 484 (N.Y. App. Div. 2012)

Opinion

2012-01-12

In re ADENA I., A Child Under the age of Eighteen Years, etc.,Claude I., Respondent–Appellant,Administration for Children's Services, Petitioner–Respondent.

Dora M. Lassinger, East Rockaway, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Ronald E. Sternberg of counsel), for respondent.


Dora M. Lassinger, East Rockaway, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Ronald E. Sternberg of counsel), for respondent.

Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the child.

Order, Family Court, New York County (Clark V. Richardson, J.), entered on or about October 25, 2010, which, after a hearing, found that respondent had neglected the subject child, unanimously affirmed, without costs. Appeal from order of disposition, same court and Judge, entered on or about February 16, 2011, which placed the child in the custody of the Commissioner for Social Services for the City of New York until the completion of the next permanency hearing, unanimously dismissed, without costs.

The finding of neglect was supported by a preponderance of the evidence. Under the circumstances presented, the court properly found that the child's physical, mental or emotional condition was in imminent danger of becoming impaired ( see Family Ct. Act § 1012[f][I]; see also Matter of Kayla W., 47 A.D.3d 571, 572, 850 N.Y.S.2d 86 [2008] ). Respondent's appeal from the dispositional order is dismissed, *887 since its placement terms have expired ( see Matter of Pedro C. [ Josephine B.], 1 A.D.3d 267, 767 N.Y.S.2d 578 [2003] ).

MAZZARELLI, J.P., ANDRIAS, SAXE, FREEDMAN, ROMÁN, JJ., concur.


Summaries of

Claude I. v. Admin. for Children's Servs. (In re Adena I.)

Supreme Court, Appellate Division, First Department, New York.
Jan 12, 2012
91 A.D.3d 484 (N.Y. App. Div. 2012)
Case details for

Claude I. v. Admin. for Children's Servs. (In re Adena I.)

Case Details

Full title:In re ADENA I., A Child Under the age of Eighteen Years, etc.,Claude I.…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Jan 12, 2012

Citations

91 A.D.3d 484 (N.Y. App. Div. 2012)
2012 N.Y. Slip Op. 119
935 N.Y.S.2d 886

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