Daisy C. v. Comm'r of Soc. Servs. of N.Y. (In re Lanelis V.)

2 Citing cases

  1. D. W. v. Admin. for Child. Serv. (In re N.R.)

    227 A.D.3d 596 (N.Y. App. Div. 2024)   Cited 1 times

    [1] The credible evidence supports the determination that the mother placed the children at imminent risk of impairment of their physical, mental, or emotional health (see Nicholson v. Scoppetta, 3 N.Y.3d 357, 368-369, 787 N.Y.S.2d 196, 820 N.E.2d 840 [2004]; Family Ct Act §§ 1012, 1046). The mother’s unspecified, untreated mental illness manifested in her belief that the very young children were being inappropriately touched/sexually abused by strangers, subjecting them to evaluations and examinations by medical professionals, child protective services, and police officers (see Matter of N.A.S. [V.H.], 217 A.D.3d 485, 486, 190 N.Y.S.3d 64 [1st Dept. 2023]; Matter of Lanelis V. [Daisy C.], 102 A.D.3d 441, 441-442, 956 N.Y.S.2d 881 [1st Dept. 2013]). There is no reason to disturb the court’s credibility findings, which are entitled to deference (see Matter of Irene O., 38 N.Y.2d 776, 778, 381 N.Y.S.2d 865, 345 N.E.2d 337 [1975]; Matter of Moises G. [Luis G.], 135 A.D.3d 527, 527-528, 24 N.Y.S.3d 239 [1st Dept. 2016]).

  2. In re N.R.

    2024 N.Y. Slip Op. 2896 (N.Y. App. Div. 2024)

    The credible evidence supports the determination that the mother placed the children at imminent risk of impairment of their physical, mental, or emotional health (see Nicholson v Scoppetta, 3 N.Y.3d 357, 368-369 [2004]; Family Ct Act §§ 1012, 1046). The mother's unspecified, untreated mental illness manifested in her belief that the very young children were being inappropriately touched/sexually abused by strangers, subjecting them to evaluations and examinations by medical professionals, child protective services, and police officers (see Matter of N.A.S. [V.H.], 217 A.D.3d 485, 486 [1st Dept 2023]; Matter of Lanelis V. [Daisy C.], 102 A.D.3d 441, 441-442 [1st Dept 2013]). There is no reason to disturb the court's credibility findings, which are entitled to deference (see Matter of Irene O., 38 N.Y.2d 776, 778 [1975]; Matter of Moises G. [Luis G.], 135 A.D.3d 527, 527-528 [1st Dept 2016]).