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Matter of Commr. of Social Serv. v. Geraldine

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1995
216 A.D.2d 560 (N.Y. App. Div. 1995)

Opinion

June 26, 1995

Appeal from the Family Court, Kings County (Yancey, J.).


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

The petitioner agency met its burden of establishing by a preponderance of the evidence that the children Gregory H. and Keisha H. were neglected (see, Matter of Tammie Z., 66 N.Y.2d 1). The evidence presented by the agency's witnesses, including a psychiatrist and a psychologist, established that the mother was unable to adequately care for her children due to her mental and physical disabilities, that the children had suffered physical or emotional harm while in her care in the past, and that they were likely to suffer harm if returned to her care (see, Family Ct Act § 1012 [f] [i]; see generally, Matter of Danielle M., 151 A.D.2d 240). Moreover, the mother's contention with respect to the neglect finding as to her youngest child, Beajay, is academic. The mother's parental rights to Beajay were terminated in a subsequent proceeding, and her appeal from that determination was dismissed.

The mother contends that the order of disposition was improper insofar as it placed the older children, Gregory and Keisha, with the petitioner agency for a period of one year. At the dispositional hearing, the mother conceded that she might not be able to care for Beajay but requested the immediate return of the two older children. We find no basis on this record to disturb the Family Court's determination that, even if certain supportive services were provided to the mother, the children would be at risk of harm if returned to her care. Although the order of placement has expired, we note that a proceeding to extend placement is pending. O'Brien, J.P., Ritter, Copertino and Krausman, JJ., concur.


Summaries of

Matter of Commr. of Social Serv. v. Geraldine

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1995
216 A.D.2d 560 (N.Y. App. Div. 1995)
Case details for

Matter of Commr. of Social Serv. v. Geraldine

Case Details

Full title:In the Matter of COMMISSIONER OF SOCIAL SERVICES, on Behalf of GREGORY H…

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

Date published: Jun 26, 1995

Citations

216 A.D.2d 560 (N.Y. App. Div. 1995)
628 N.Y.S.2d 797

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