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Matter of Sylvia

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1988
144 A.D.2d 665 (N.Y. App. Div. 1988)

Opinion

November 28, 1988

Appeal from the Family Court, Queens County (Gage, J.).


Ordered that the orders are affirmed insofar as appealed from, without costs or disbursements.

Following a fact-finding hearing, the Family Court determined that the respondent Commissioner of Social Services of the City of New York had established by a preponderance of the evidence that the appellant had neglected her three children since her drug abuse and failure to provide adequate supervision placed their physical, mental and emotional condition in imminent danger of becoming impaired (see, Family Ct Act § 1012 [f] [i] [B]).

Thereafter the appellant waived her right to a dispositional hearing and the court directed, inter alia, that the two oldest children receive counseling and that the appellant complete a substance abuse rehabilitation program.

Initially we reject the appellant's contention that her waiver of the dispositional hearing was ineffective. Further, we perceive the dispositional order as having been made pursuant to Family Court Act § 1054 (a) and § 1057, which empower the court to place the appellant and her children under the supervision of the Commissioner of Social Services; and 22 NYCRR 205.83 (a) (3) and (b) (1) and (2), which empower the court to order drug abuse treatment for the appellant and counseling for her children. Thus, we hold that the dispositional order did not exceed the statutory authority of the Family Court. Furthermore, under all the circumstances, the disposition was appropriate and reasonable. Weinstein, J.P., Bracken, Kunzeman and Rubin, JJ., concur.


Summaries of

Matter of Sylvia

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1988
144 A.D.2d 665 (N.Y. App. Div. 1988)
Case details for

Matter of Sylvia

Case Details

Full title:In the Matter of EUNICE B. SYLVIA B., Appellant. In the Matter of MITCHELL…

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

Date published: Nov 28, 1988

Citations

144 A.D.2d 665 (N.Y. App. Div. 1988)

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