Enerfry H. v. Admin. for Children's Servs. for the City of N.Y. (In re Another)
| Citation | 198 A.D.3d 478,156 N.Y.S.3d 153 |
| Decision Date | 14 October 2021 |
| Docket Number | 14352-14352A,Dkt. No. NN-15928/18, NN-15929/18,Case No. 2020–04827 |
| Parties | In the MATTER OF ADONIS H. and Another, Children Under 18 Years of Age etc., Enerfry H., Respondent–Appellant, v. Administration for Children's Services for the City of New York, Petitioner–Respondent. |
| Court | New York Supreme Court Appellate Division |
198 A.D.3d 478
156 N.Y.S.3d 153
In the MATTER OF ADONIS H. and Another, Children Under 18 Years of Age etc.,
Enerfry H., Respondent–Appellant,
v.
Administration for Children's Services for the City of New York, Petitioner–Respondent.
14352-14352A
Dkt. No. NN-15928/18, NN-15929/18
Case No. 2020–04827
Supreme Court, Appellate Division, First Department, New York.
ENTERED October 14, 2021
Steven P. Forbes, Huntington, for appellant.
Georgia M. Pestana, Corporation Counsel, New York (Jessica Miller of counsel), for respondent.
Carol L. Kahn, New York, attorney for the children.
Gische, J.P., Moulton, Gonza´lez, Kennedy, Scarpulla, JJ.
Order of disposition, Family Court, Bronx County (Fiordaliza A. Rodriguez, J.), entered on or about November 16, 2020, to the extent it brings up for review a fact-finding order, same court and Judge, entered on or about September 22, 2020, which found that respondent father neglected the subject children, unanimously affirmed, without costs. Appeal from fact-finding order, unanimously dismissed, without costs, as subsumed in the appeal from the order of disposition.
The findings of neglect are supported by a preponderance of the evidence (see Family Court Act §§ 1012[f][i][B] ; 1046[b][i]). Petitioner, Administration for Children Services (ACS), established its prima facie case of neglect pursuant to
Family Court Act § 1046(a)(iii) through the investigative progress notes that were prepared by an ACS caseworker, which reported that the father admitted to being addicted to Percocet, was taking the drug in excess of what was prescribed, and was purchasing Percocet illegally after his doctor became suspicious and stopped prescribing it. This evidence established a prima facie case for neglect, and therefore, ACS did not have to establish either actual impairment of the children's physical, mental, or emotional condition, or specific risk of impairment (see Matter of Darrell W. [Tenika C.], 110 A.D.3d 1088, 1089, 974 N.Y.S.2d 85 [2d Dept. 2013], lv denied 23 N.Y.3d 904, 990 N.Y.S.2d 161, 13 N.E.3d...
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In re Ariel A.T.R.
...were true (see Matter of Nassau County Dept. of Social Servs. v Denise J., 87 N.Y.2d 73, 79-80 [1995]; Matter of Adonis H. [Enerfry H.], 198 A.D.3d 478, 479 [1st Dept 2021]). The father's claim that Family Court failed to explain that the court would take a negative inference against him sh......
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Doris M. v. Admin. for Children's Servs. (In re Zorren T.)
...The court properly drew a negative inference from the mother's failure to testify at the hearing (see Matter of Adonis H. [Enerfry H.], 198 A.D.3d 478, 479, 156 N.Y.S.3d 153 [1st Dept. 2021] ; Matter of Rachel S.D. [Luis N.], 113 A.D.3d 450, 979 N.Y.S.2d 22 [1st Dept. 2014] ).We have consid......
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Hearsay
...caused by a declarant’s invocation of the Fifth Amendment right against self-incrimination. Matter of Adonis H. (Enerfry H.) , 198 A.D.3d 478, 156 N.Y.S.3d 153 (1st Dept. 2021). Father’s out-of-court statements to administration for children’s services caseworker, namely, that he was “addic......
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Documents
...exception to the hearsay rule, where affidavit was not sworn to have been made on his own personal knowledge. Matter of Adonis H. , 198 A.D.3d 478 (1st Dept. 2021). Investigative progress notes prepared by administration of children’s services’ caseworker were admissible as business records......