Anthony FF. v. Lisa GG.

• Decision Date: 25 April 2013
• Citation: 105 A.D.3d 1273,2013 N.Y. Slip Op. 02789,963 N.Y.S.2d 483
• Parties: In the Matter of ANTHONY FF. and Others, Alleged to be Neglected Children. Chemung County Department of Social Services, Respondent; v. Lisa GG., Appellant, et al., Respondent.
• Court: New York Supreme Court — Appellate Division

105 A.D.3d 1273
963 N.Y.S.2d 483
2013 N.Y. Slip Op. 02789

In the Matter of ANTHONY FF. and Others, Alleged to be Neglected Children.
Chemung County Department of Social Services, Respondent;
v.
Lisa GG., Appellant, et al., Respondent.

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

April 25, 2013.

[963 N.Y.S.2d 484]

Pamela B. Bleiwas, Ithaca, for appellant.

Donald Thompson, Chemung County Department of Law, Elmira (David Kagle of counsel), for respondent.

Paul A. Sartori, Sullivan Trail Legal Society, Elmira, attorney for the children.

Before: MERCURE, J.P., LAHTINEN, McCARTHY and GARRY, JJ.

LAHTINEN, J.

[105 A.D.3d 1273]Appeal from an order of the Family Court of Chemung County (Hayden, J.), entered November 10, 2011, which, among other things, granted petitioner's application, in a proceeding pursuant to Family Ct. Act article 10, to adjudicate the subject children to be neglected.

Respondent Lisa GG. (hereinafter the mother) is the mother of four children (born in 1998, 2000, 2002 and 2005). Her current spouse, respondent Marcus C., is not the father of any of the children, and physical custody of the two oldest children had previously been placed with their father. All four children were at the mother's residence in February 2011 when the mother and Marcus C. engaged in a violent domestic incident. Petitioner commenced this proceeding alleging, among other things, neglect by the mother and Marcus C. as to all four children resulting from the domestic incident and events thereafter, as well as neglect by the mother as to the child born in 2002 for failing to ensure his attendance at school. That child (whose father resided in Texas) was temporarily placed in petitioner's custody, the youngest child was temporarily placed with his father and the oldest two children returned to their father. Marcus C. consented to a finding of neglect and, following a hearing, Family Court found that the mother had neglected the [105 A.D.3d 1274]children. The mother agreed to a disposition that included various conditions and a permanency goal of reunification regarding the child born in 2002. The mother appeals.

The neglect finding as to all of the children is sufficiently supported by the proof in the record. This was not, as contended by the mother, a case where the sole allegation was that she had been the victim of domestic abuse witnessed by the children ( see generally Nicholson v. Scoppetta, 3 N.Y.3d 357, 368, 371, 787 N.Y.S.2d 196, 820 N.E.2d...