C. Children, Matter of
| Decision Date | 27 April 1998 |
| Citation | 672 N.Y.S.2d 134,249 A.D.2d 540 |
| Parties | , 1998 N.Y. Slip Op. 3862 In the Matter of C. (Anonymous) CHILDREN. Suffolk County Department of Social Services, Respondent; Marisol C. (Anonymous), et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Tracy J. Harkins, Mt. Sinai, for appellants.
Robert J. Cimino, County Attorney, Central Islip (Randall J. Ratje, of counsel), for respondent.
Robert C. Mitchell, Central Islip (Jayne Ann McPartlin, of counsel), Law Guardian for the children.
Before PIZZUTO, J.P., and JOY, FRIEDMANN and FLORIO, JJ.
MEMORANDUM BY THE COURT.
In consolidated neglect proceedings pursuant to Family Court Act article 10, the parents appeal, as limited by their brief, from so much of an order of the Family Court, Suffolk County (Trainor, J.), entered March 27, 1997, as, after a hearing, denied their application pursuant toFamily Court Act § 1028 for the return of their children and continued the children's temporary removal from their home.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The parents' appeal from so much of the order as continued the temporary removal of the children from their home would ordinarily have to be dismissed as academic because the children were subsequently returned to their home. Any corrective measures which this court might take with respect to the placement of the children would have no practical effect (see, Matter of New York City Dept. of Social Servs. [Kalisha A.] v. Diognes T., 208 A.D.2d 844, 618 N.Y.S.2d 402). However, the underlying finding that there would have been imminent risk to the children's life or health in the event they were returned to the parents at the time the order was made constitutes a "permanent and significant stigma" which "might indirectly affect the [parents'] status in potential future proceedings" (Matter of H. Children, 156 A.D.2d 520, 548 N.Y.S.2d 586). Accordingly, the appeal is not academic.
Turning to the merits, we find that the evidence adduced at the hearing established that returning the children to the parents in March 1997 would have presented an imminent risk to their life or health (see, Family Ct.Act § 1028). In particular, the evidence showed that the mother was suffering from Munchausen Syndrome by Proxy which caused her to fabricate symptoms of apnea in her infant son and subject him to unnecessary medical treatment (see, Matter of Suffolk County Dept. of Social...
To continue reading
Request your trial
-
In re Deonna E.
...104 A.D.3d 943962 N.Y.S.2d 3242013 N.Y. Slip Op. 02074In the Matter of DEONNA E. (Anonymous).Administration for Children's Services, respondent;Marvell C. (Anonymous), appellant. (Proceeding No. 1)In the Matter of ... ...
-
In re Corine G., 16566
... ... Slip Op. 00039In re CORINE G., A Child Under Eighteen Years of Age, etc.,William G., Respondent–Appellant,Administration for Children's Services, Petitioner–Respondent.16566 ... 16565Supreme Court, Appellate Division, First Department, New York.Jan. 7, 2016.24 N.Y.S.3d 15 Neal D ... 24 N.Y.S.3d 16 The finding of neglect is supported by a preponderance of the evidence (see Family Ct. Act § 1046[b][i]; see also Matter of Syed I., 61 A.D.3d 580, 580, 877 N.Y.S.2d 318 1st Dept.2009 ). The record shows that the child was subject to actual or imminent danger of injury ... ...
-
Admin. for Children's Servs. v. Umda M. (In re Saad A.)
...167 A.D.3d 59689 N.Y.S.3d 249In the MATTER OF SAAD A. (Anonymous).Administration for Children's Services, Petitioner-Respondent;v.Umda M. (Anonymous), Appellant, et al., Respondent.2017-10769Docket No. N-17793-17Supreme Court, Appellate Division, Second Department, New York.ArguedOctober 16, 2018December 5, 201889 N.Y.S.3d 250 Michele ... ...
-
In re Nevaeh A.
...144 A.D.3d 143141 N.Y.S.3d 436 (Mem)2016 N.Y. Slip Op. 07893In the Matter of NEVAEH A., Alleged to be a Neglected Child.Cortland County Department of Social Services, Respondent;Shannon D., Appellant.Supreme Court, ... Children, 249 A.D.2d 540, 540, 672 N.Y.S.2d 134 [1998], with Matter of Anthony C.[Juan C.], 99 A.D.3d 798, 799, 951 N.Y.S.2d 884 [2012] ... ...