Opinion
11325 Dkt. NA-8069-71/16
04-02-2020
In re JENSLI C., and Others, Dependent Children Under the Age of Eighteen Years, etc., Orlenis C., Respondent–Appellant, v. ADMINISTRATION FOR CHILDREN'S SERVICES, Petitioner-Respondent.
Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for appellant. James E. Johnson, Corporation Counsel, New York (Lorenzo DiSilvio of counsel), for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the children.
Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for appellant.
James E. Johnson, Corporation Counsel, New York (Lorenzo DiSilvio of counsel), for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the children.
Gische, J.P., Gesmer, Oing, Moulton, JJ.
Order of disposition, Family Court, Bronx County (Elenor C. Reid, J.), entered on or about August 31, 2018, which, to the extent appealed from as limited by the briefs, denied respondent mother's application for a suspended judgment, unanimously affirmed, without costs.
The court providently exercised its discretion in denying the mother's motion for a suspended judgment (see Matter of Sophia W. [Tiffany P.] , 176 A.D.3d 723, 111 N.Y.S.3d 110 [2019] ; cf. Matter of Leenasia C. [Lamarriea C.] , 154 A.D.3d 1, 6, 59 N.Y.S.3d 355 [1st Dept. 2017] ). The mother's youngest child suffered severe and unexplained injuries, and the record provides ample support, including, but not limited to the mother's refusal to draw logical inferences regarding the cause of those injuries, for the court's determinations. For example, the mother stated her belief that she could "co-parent" with the child's father, despite the fact that he had repeatedly perpetrated violence against the mother (see William S. v. Tynia C. , 283 A.D.2d 327, 327, 724 N.Y.S.2d 848 [1st Dept. 2001] ). Best interest analysis, which requires consideration of a parent's ability to supervise a child and eliminate any threat of future abuse or neglect, supports the court's exercise of discretion to decline to grant a suspended judgment in these circumstances ( Matter of Marie Annette M. , 23 A.D.3d 167, 169, 803 N.Y.S.2d 518 [1st Dept. 2005] ; Matter of Lemar H. , 23 A.D.3d 383, 806 N.Y.S.2d 80 [2d Dept. 2005] ).