From Casetext: Smarter Legal Research

Matter of George

Appellate Division of the Supreme Court of New York, Second Department
Aug 25, 1986
122 A.D.2d 943 (N.Y. App. Div. 1986)

Opinion

August 25, 1986

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


Order reversed insofar as appealed from, on the law, without costs or disbursements, the respondent mother is found guilty of neglect, and the matter is remitted to the Family Court, Kings County, for a dispositional hearing in accordance herewith to be held as soon as practicable.

The petitioner established by a preponderance of the evidence that George C. is neglected by the respondent mother, since her abuse of alcohol places the physical, mental, and emotional condition of her child in imminent danger of becoming impaired as set forth in Family Court Act § 1012 (f) (i) (see, Family Ct Act § 1012 [f] [i] [B]).

While a dispositional hearing must be held to determine what disposition should be made (see, Family Ct Act § 1045), we note that the record before us indicates that George's best interests may be served if he is to remain with his parents. However, the record clearly indicates that it would be inappropriate to release the child to the custody of the respondent mother unless she is closely supervised in accordance with Family Court Act § 1054, and is ordered to attend a rehabilitative program for her abuse of alcohol. Mollen, P.J., Weinstein, Lawrence and Kunzeman, JJ., concur.


Summaries of

Matter of George

Appellate Division of the Supreme Court of New York, Second Department
Aug 25, 1986
122 A.D.2d 943 (N.Y. App. Div. 1986)
Case details for

Matter of George

Case Details

Full title:In the Matter of GEORGE C. DOROTHY C. et al., Respondents; COMMISSIONER OF…

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

Date published: Aug 25, 1986

Citations

122 A.D.2d 943 (N.Y. App. Div. 1986)

Citing Cases

Matter of Commr. of Social Serv. v. Margaret

Ordered that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.…

In re Joyce SS.

Similarly unpersuasive is respondent's challenge to the conditions placed in the order of protection…