Admin. for Children's Servs. v. Nancy Z. (In re Kailey Z.), 2019–10276, 2019–13625

CourtNew York Supreme Court Appellate Division
Citation126 N.Y.S.3d 740,185 A.D.3d 832
Docket NumberDocket Nos. N–21903–18, N–21904–18,2019–10276, 2019–13625
Parties In the MATTER OF KAILEY Z. (Anonymous). Administration for Children's Services, Respondent; v. Nancy Z. (Anonymous), Appellant. (Proceeding No. 1) In the Matter of Kendall Z. (Anonymous). Administration for Children's Services, Respondent; v. Nancy Z. (Anonymous), Appellant. (Proceeding No. 2)
Decision Date15 July 2020

185 A.D.3d 832
126 N.Y.S.3d 740

In the MATTER OF KAILEY Z. (Anonymous).

Administration for Children's Services, Respondent;
v.
Nancy Z. (Anonymous), Appellant.


(Proceeding No. 1)

In the Matter of Kendall Z. (Anonymous).


Administration for Children's Services, Respondent;
v.
Nancy Z. (Anonymous), Appellant.


(Proceeding No. 2)

2019–10276, 2019–13625
Docket Nos.
N–21903–18, N–21904–18

Supreme Court, Appellate Division, Second Department, New York.

Submitted—May 29, 2020
July 15, 2020


126 N.Y.S.3d 741

Carol L. Kahn, New York, NY, for appellant.

James E. Johnson, Corporation Counsel, New York, N.Y. (Scott Shorr and Susan Paulson of counsel), for respondent.

Janet E. Sabel, New York, N.Y. (Dawne A. Mitchell and Diane Pazar of counsel), attorney for the children.

WILLIAM F. MASTRO, J.P., JEFFREY A. COHEN, COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, JJ.

126 N.Y.S.3d 742

DECISION & ORDER

185 A.D.3d 832

In related proceedings pursuant to Family Court Act article 10, the mother appeals from (1) an order of disposition of the

185 A.D.3d 833

Family Court, Queens County (Monica D. Shulman, J.), dated July 29, 2019, and (2) an amended order of fact-finding of the same court dated November 18, 2019. The order of disposition released the subject children to the care of the mother and the father under the supervision of the Administration for Children's Services for a period of nine months under certain terms and conditions. The amended order of fact-finding found that the mother had neglected the subject children.

ORDERED that the appeal from the order of disposition is dismissed, without costs or disbursements; and it is further,

ORDERED that the amended order of fact-finding is affirmed, without costs or disbursements.

In November 2018, the Administration for Children's Services (hereinafter ACS) commenced these related child neglect proceedings against the mother, alleging that the mother neglected the subject children by, inter alia, misusing drugs and failing to enroll in and successfully complete a drug treatment program, despite a prior...

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3 cases
  • Admin. for Children's Servs. v. Curtis G. (In re Boobacar R.), 2019–10252
    • United States
    • New York Supreme Court Appellate Division
    • November 18, 2020
    ...of ACS for a period of 12 months has been rendered academic, as it has expired by its own terms (see Matter of Kailey Z. [Nancy Z.], 185 A.D.3d 832, 833, 126 N.Y.S.3d 740 ; Matter of Ava A. [Steven A.], 179 A.D.3d 666, 667, 116 N.Y.S.3d 328 ). However, the appeal from so much of the order o......
  • United Fin. Cas. Co. v. Tekel, 2019–10964
    • United States
    • New York Supreme Court Appellate Division
    • July 15, 2020
    ...(Matter of Progressive Cas. Ins. Co. v. Beardsley, 133 A.D.3d at 1275, 19 N.Y.S.3d 845 [internal quotation marks omitted]; see 185 A.D.3d 832 Buckner v. Motor Veh. Acc. Indem. Corp., 66 N.Y.2d 211, 215, 495 N.Y.S.2d 952, 486 N.E.2d 810 ; Roebuck v. State Farm Mut. Auto. Ins. Co., 80 A.D.3d ......
  • Admin. for Children's Servs. v. Jesse W. (In re Jesse W.), 2019–08628
    • United States
    • New York Supreme Court Appellate Division
    • December 2, 2020
    ...a preponderance of the evidence that the subject child is neglected (see Family Court Act § 1046[b][i] ; Matter of Kailey Z. [Nancy Z] , 185 A.D.3d 832, 833–834, 126 N.Y.S.3d 740 ). A neglected child is one "whose physical, mental or emotional condition has been impaired or is in imminent d......

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