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Matter of Ashley

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1987
129 A.D.2d 581 (N.Y. App. Div. 1987)

Opinion

April 6, 1987

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


Ordered that the purported appeal from the order dated April 1, 1985 is dismissed, without costs or disbursements, for failure to file a notice of appeal; and it is further,

Ordered that the order dated March 13, 1985 is affirmed, without costs or disbursements.

The petitioner proved by a preponderance of the evidence that the acts of the appellant mother during visitation with her children constituted neglect (see, Family Ct Act § 1012 [f] [i] [B]; § 1046 [b] [i]; Matter of Tammie Z., 66 N.Y.2d 1, 3). Therefore, the order of the Family Court suspending the mother's visitation with the children was appropriate.

The mother failed to file a notice of appeal with respect to the order of April 1, 1985. Therefore the purported appeal from that order must be dismissed (see, Matter of Kawaun Sharleke W., 121 A.D.2d 729; Siegel v Obes, 112 A.D.2d 930).

At oral argument, the counsel for the appellant mother stated that the mother is now undergoing psychiatric treatment. So that there may be no misunderstanding, we note that nothing contained in this decision shall be construed as precluding the mother from making a new application to resume visitation. Bracken, J.P., Lawrence, Kunzeman and Spatt, JJ., concur.


Summaries of

Matter of Ashley

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1987
129 A.D.2d 581 (N.Y. App. Div. 1987)
Case details for

Matter of Ashley

Case Details

Full title:In the Matter of ASHLEY S. PHYLLIS SHEARER, Respondent; CHERYL S.…

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

Date published: Apr 6, 1987

Citations

129 A.D.2d 581 (N.Y. App. Div. 1987)

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