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Matter of Tessie W

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 10, 1998
251 A.D.2d 1030 (N.Y. App. Div. 1998)

Opinion

June 10, 1998

Appeal from Order of Onondaga County Family Court, Paris, J. — Abuse.

Present — Denman, P. J., Green, Pigott, Jr., Balio and Boehm, JJ.


Appeal from order insofar as it adjudicated the children abused or neglected and provided for disposition unanimously dismissed and order affirmed without costs. Memorandum: After a fact-finding hearing and Family Court's determination that respondent committed the crime of endangering the welfare of a child, respondent stipulated to an adjudication of abuse and neglect and the entry of a dispositional order. The record supports the court's finding that respondent committed the offense of endangering the welfare of a child (Penal Law § 260.10). "The court, as the trier of fact, was entitled to resolve questions of credibility against respondent (see, Matter of Michael D., 109 A.D.2d 633, affd 66 N.Y.2d 843)" (Matter of Edward V., 204 A.D.2d 1060). We do not address the challenge to that part of the order adjudicating the children abused or neglected. Respondent stipulated to that part of the order and therefore is not aggrieved thereby (see, CPLR 5511; Matter of Reginald B., 249 A.D.2d 979; Matter of Cherilyn P., 192 A.D.2d 1084, lv denied 82 N.Y.2d 652).


Summaries of

Matter of Tessie W

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 10, 1998
251 A.D.2d 1030 (N.Y. App. Div. 1998)
Case details for

Matter of Tessie W

Case Details

Full title:In the Matter of TESSIE W. and Others, Children Alleged to be Abused…

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

Date published: Jun 10, 1998

Citations

251 A.D.2d 1030 (N.Y. App. Div. 1998)
672 N.Y.S.2d 1024