Commissioner of Social Services on Behalf of Monique W. v. Kim G.
| Decision Date | 23 June 1997 |
| Citation | 659 N.Y.S.2d 501,240 A.D.2d 664 |
| Parties | In the Matter of COMMISSIONER OF SOCIAL SERVICES o/b/o MONIQUE W. (Anonymous), Petitioner-Respondent, v. KIM G. (Anonymous), Appellant, et al., Respondent. |
| Court | New York Supreme Court — Appellate Division |
Lawrence A. Salvato, New York City, for appellant.
Paul A. Crotty, Corporation Counsel, New York City (Francis F. Caputo and Joseph I. Lauer, of counsel), for petitioner-respondent.
Jane M. Spinak, New York City (Valerie Pels, of counsel), Law Guardian for the child.
Before MILLER, J.P., and ALTMAN, GOLDSTEIN and FLORIO, JJ.
MEMORANDUM BY THE COURT.
In a child protective proceeding pursuant to Family Court Act article 10, the mother appeals from (1) an order of disposition of the Family Court, Kings County (Segal, J.), dated October 2, 1995, which, upon a fact-finding order of the same court dated August 5, 1994, found that she had neglected her daughter Monique W. by inflicting excessive corporal punishment, and placed the child in the custody of the Commissioner of Social Services with the specific directive that the child reside with the maternal grandmother for a period not to exceed 12 months, and (2) an order of protection of the same court, also dated October 2, 1995, which is in favor of the child. The appeal from the order of disposition brings up for review the fact-finding order dated August 5, 1994.
ORDERED that the order of protection is affirmed, without costs or disbursements.
The placement of the child was extended by a subsequent order from which no appeal was taken. Thus, the appeal from so much of the order of disposition as placed the child with the petitioner is dismissed as academic (see, Matter of Eddie E., 219 A.D.2d 719, 631 N.Y.S.2d 745; Matter of Ana P., 215 A.D.2d 485, 627 N.Y.S.2d 566).
However, the appeals from the finding of neglect and the expired order of protection are not academic since a finding of neglect constitutes a "permanent and significant stigma" and potential future consequences may flow from the adjudication (see, Matter of Eddie E., supra, at 719, 631 N.Y.S.2d 745; see also, Matter of Grossman v. Grossman, 238...
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Alan B., In re
...with the petitioner is dismissed as academic (see, e.g., Matter of Barbara S., 261 A.D.2d 408, 688 N.Y.S.2d 889; Matter of Monique W. v. Kim G., 240 A.D.2d 664, 659 N.Y.S.2d 501). The appellant contends that the enactment by New York State of legislation in February 1999 implementing the Fe......
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In re China C. (Anonymous). Westchester Cnty. Dep't of Soc. Servs.
...great deference ( see Matter of B. Children, 267 A.D.2d 307, 308, 699 N.Y.S.2d 898;Matter of Commissioner of Social Servs. v. Kim G., 240 A.D.2d 664, 665, 659 N.Y.S.2d 501). The credible evidence adduced at the hearing established, inter alia, that the mother maintained her apartment in a d......
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In re Jeremiah W., 2014-03871 (Docket No. N-490-14)
...V., 20 A.D.3d at 542, 800 N.Y.S.2d 424 ; Matter of Todd D., 9 A.D.3d 462, 463, 780 N.Y.S.2d 180 ; Matter of Commissioner of Social Servs. v. Kim G., 240 A.D.2d 664, 665, 659 N.Y.S.2d 501 ). The credible evidence adduced at the fact-finding hearing established that the father committed acts ......
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...of credibility are presented, the hearing court's findings must be accorded great deference (see, Matter of Commissioner of Social Servs. v. Kim G., 240 A.D.2d 664, 665, 659 N.Y.S.2d 501). The evidence supported the Family Court's determination that the mother had neglected the children (se......