Dutchess Cnty. Dep't of Cmty. & Family Servs. v. Tianna S. (In re Skye H.)

Decision Date09 June 2021
Docket NumberDocket Nos. N–2551–17, N–2252–17, N–2553–17, N–2556–17, N–2557–17, N–2558–17, N–2559–17, N–2260–17,2019–01017, 2019–13026
Citation195 A.D.3d 711,149 N.Y.S.3d 535
Parties In the MATTER OF SKYE H. (Anonymous). Dutchess County Department of Community and Family Services, respondent; v. Tianna S. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Davion H. (Anonymous). Dutchess County Department of Community and Family Services, respondent; v. Tianna S. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Troy H. (Anonymous). Dutchess County Department of Community and Family Services, respondent; v. Tianna S. (Anonymous), et al., appellants. (Proceeding No. 3) In the Matter of Nathaniel S. (Anonymous). Dutchess County Department of Community and Family Services, respondent; v. Tianna S. (Anonymous), et al., appellants. (Proceeding No. 4)
CourtNew York Supreme Court — Appellate Division

195 A.D.3d 711
149 N.Y.S.3d 535

In the MATTER OF SKYE H. (Anonymous).

Dutchess County Department of Community and Family Services, respondent;
v.
Tianna S. (Anonymous), et al., appellants.


(Proceeding No. 1)

In the Matter of Davion H. (Anonymous).


Dutchess County Department of Community and Family Services, respondent;
v.
Tianna S. (Anonymous), et al., appellants.


(Proceeding No. 2)

In the Matter of Troy H. (Anonymous).


Dutchess County Department of Community and Family Services, respondent;
v.
Tianna S. (Anonymous), et al., appellants.


(Proceeding No. 3)

In the Matter of Nathaniel S. (Anonymous).


Dutchess County Department of Community and Family Services, respondent;
v.
Tianna S. (Anonymous), et al., appellants.


(Proceeding No. 4)

2019–01017, 2019–13026
Docket Nos.
N–2551–17, N–2252–17, N–2553–17, N–2556–17, N–2557–17, N–2558–17, N–2559–17, N–2260–17

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

Submitted—May 17, 2021
June 9, 2021


149 N.Y.S.3d 537

Tianna S. and Matthew S., Glenham, NY, appellants pro se.

Caroline E. Blackburn, County Attorney, Poughkeepsie, N.Y. (Laura Gail Skojec of counsel), for respondent.

Thomas M. Gambino, Poughkeepsie, NY, attorney for the children.

HECTOR D. LASALLE, P.J., CHERYL E. CHAMBERS, LEONARD B. AUSTIN, BETSY BARROS, JJ.

DECISION & ORDER

195 A.D.3d 712

In related proceedings pursuant to Family Court Act article 10, the mother and Matthew S. appeal from (1) an order of fact-finding of the Family Court, Dutchess County (Joseph A. Egitto, J.), dated January 3, 2019, and (2) an order of disposition of the same court dated September 30, 2019. The order of fact-finding, after a fact-finding hearing, found that the mother and Matthew S. neglected the subject children Skye H., Davion H., and Troy H., and derivatively neglected the subject child Nathaniel S. The order of disposition, upon the order of fact-finding and after a dispositional hearing, inter alia, continued the placement of the subject children in the care of the petitioner for a period of up to 12 months and placed the mother and Matthew S. under the supervision of the petitioner for a period of up to 12 months.

ORDERED that the appeal from the order of fact-finding is dismissed, without costs or disbursements, as that order was superseded by the order of disposition and is brought up for review on the appeal from the order of disposition; and it is further,

ORDERED that the appeal from so much of the order of disposition as continued the placement of the subject children in the care of the petitioner for a period of up to 12 months and placed the mother and Matthew S. under the supervision of the petitioner for a period of up to 12 months is dismissed as academic, without costs or disbursements; and it is further,

ORDERED that the appeal from so much of the order of disposition as relates to the custody and parental access provisions of the order of disposition pertaining to the subject child Skye H. is dismissed as academic, without costs or disbursements; and it is further,

ORDERED that the order of disposition is affirmed insofar as reviewed, without costs or disbursements.

The appeal from so much of the order of disposition as continued the placement of the subject children in the care of the petitioner for a period of up to 12 months and placed the

195 A.D.3d 713

mother and Matthew S., who is the stepfather of subject children Skye H., Davion H., and Troy H. and the father of the subject child Nathaniel S., under the supervision of the petitioner for a period of up to 12 months has been rendered academic, as that portion of the order expired by its own terms (see Matter of Jermaine T. [Jairam T.], 193 A.D.3d 943, 146 N.Y.S.3d 662 ; Matter of Boobacar R. [Curtis G.], 188 A.D.3d 1073, 132 N.Y.S.3d 687 ; Matter of Eternity S. [Vanessa P.], 183 A.D.3d 748, 122 N.Y.S.3d 667 ). Furthermore, Skye is now 18 years old and is no longer subject to the custody and parental access provisions of the order

149 N.Y.S.3d 538

of disposition (see Family Ct Act § 119[c] ; Matter of Jermaine T. [Jairam T.], 193 A.D.3d 943, 146...

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  • Admin. for Children's Servs. v. Meuris P. (In re Silveris P.)
    • United States
    • New York Supreme Court Appellate Division
    • October 13, 2021
    ...so much of the order of disposition as brings up for review the finding of neglect is not academic (see Matter of Skye H. [Tianna S.], 195 A.D.3d 711, 713, 149 N.Y.S.3d 535 ; Matter of Etonlivon C. [Lorris C.], 189 A.D.3d 1394, 1395, 134 N.Y.S.3d 771 )."[A] party seeking to establish neglec......
  • Suffolk Cnty. Dep't of Soc. Servs. v. Monica M. (In re Serena G.)
    • United States
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    ...either in the presence of a child or within the hearing of a child, may be sufficient for a neglect finding" ( Matter of Skye H. [Tianna S.], 195 A.D.3d 711, 714, 149 N.Y.S.3d 535 ; see Matter of Boobacar R. [Curtis G.], 188 A.D.3d 1073, 1075, 132 N.Y.S.3d 687 ; Matter of Kiara C. [David C.......
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    ...... child custody proceedings pursuant to Family Court. Act article 6, Jashika Martinez appeals ......
  • In re Serena G.
    • United States
    • New York Supreme Court Appellate Division
    • July 13, 2022
    ...in the presence of a child or within the hearing of a child, may be sufficient for a neglect finding" (Matter of Skye H. [Tianna S.], 195 A.D.3d 711, 714; see Matter of Boobacar R. [Curtis G.], 188 A.D.3d 1073, 1075; Matter of Kiara C. [David C.], 85 A.D.3d 1025, 1026). However, with respec......
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1 books & journal articles
  • Witness competence
    • United States
    • James Publishing Practical Law Books New York Objections
    • May 3, 2022
    ...caseworker regarding that incident and his testimony at the hearing, provided additional corroboration. Matter of Skye H. (Tianna S.) , 195 A.D.3d 711, 149 N.Y.S.3d 535 (2d Dept. 2021). The testimony of the children was not necessary to make a finding of neglect, but the children did testif......

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