From Casetext: Smarter Legal Research

Matter of S

Appellate Division of the Supreme Court of New York, Second Department
May 15, 2000
272 A.D.2d 475 (N.Y. App. Div. 2000)

Opinion

Submitted March 30, 2000.

May 15, 2000.

In a child protective proceeding pursuant to Family Court Act article 10, the mother appeals from a fact-finding and dispositional order of the Family Court, Suffolk County (Lehman, J.), dated December 3, 1998, which, after a hearing, found that she had neglected the subject children.

Edward M. Gould, Islip, N.Y., for appellant.

Robert J. Cimino, County Attorney, Central Islip, N.Y. (Jennifer J. Haas of counsel), for respondent.

Chas G. Cancellare, Islandia, N.Y., Law Guardian for the children (no brief filed).

Before: WILLIAM C. THOMPSON, J.P., WILLIAM D. FRIEDMANN, ANITA R. FLORIO, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

Contrary to the appellant's contention, the petitioner proved by a preponderance of the evidence that Michael S. was neglected (see, Family Ct Act 1012 Fam. Ct. Act[f][i]). On the facts presented, a finding of derivative neglect with regard to his siblings was warranted (see, Matter of Dutchess County Dept. of Social Servs. [Douglas E., III] v. Douglas E., Jr., 191 A.D.2d 694).

The appellant's remaining contentions are without merit.

THOMPSON, J.P., FRIEDMANN, FLORIO and SMITH, JJ., concur.


Summaries of

Matter of S

Appellate Division of the Supreme Court of New York, Second Department
May 15, 2000
272 A.D.2d 475 (N.Y. App. Div. 2000)
Case details for

Matter of S

Case Details

Full title:IN THE MATTER OF S. (ANONYMOUS), CHILDREN. SUFFOLK COUNTY DEPARTMENT OF…

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

Date published: May 15, 2000

Citations

272 A.D.2d 475 (N.Y. App. Div. 2000)
708 N.Y.S.2d 314