Opinion
2012-11-8
In re CEAWANYA W., and Others, Children Under Eighteen Years of Age, etc., Preston B., Respondent–Appellant, Administration for Children's Services, Petitioner–Respondent.
Elisa Barnes, New York, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Drake A. Colley of counsel), for respondent.
Elisa Barnes, New York, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Drake A. Colley of counsel), for respondent.
Law Offices of Randall S. Carmel P.C., Syosset (Randall S. Carmel of counsel), attorney for the child Ceawanya W.
Andrew J. Baer, New York, attorney for the child Dontaya W.
Steven N. Feinman, White Plains, attorney for the child Kenneth S.
Order of disposition, Family Court, Bronx County (Karen I. Lupuloff, J.), entered on or about April 13, 2011, which, insofar as appealed from as limited by the briefs, determined, after a fact-finding hearing, that respondent-appellant had neglected and sexually abused the subject children and had repeatedly sexually abused the subject child Ceawanya W., unanimously reversed, on the law and the facts, without costs, the findings of abuse and neglect vacated, and the petition dismissed as against respondent.
The court erred in finding that respondent was legally responsible for the care of the children ( seeFamily Ct. Act § 1012[a] ). The record shows that the children were at all times in the care of their adoptive parents, including when the abuse and neglect took place. Further, there was no evidence that respondent, the grandson of the adoptive parents, acted as the functional equivalent of the children's parent at the relevant time ( see Matter of Shaun B., 55 A.D.3d 301, 301, 865 N.Y.S.2d 52 [1st Dept. 2008], lv. denied 11 N.Y.3d 715, 873 N.Y.S.2d 532, 901 N.E.2d 1287 [2009] ).