In re B.V.

• Docket Number: 903,Docket Nos. N-02472/21,N-02473/21,N-02474/21,N-02475/21,Case No. 2023-00129
• Decision Date: 26 October 2023
• Citation: 2023 NY Slip Op 05456
• Parties: In the Matter of B.V., and Others, Children Under Eighteen Years of Age, etc., Jacquella W., et al., Respondents-Appellants, Administration for Children's Services, Petitioner-Respondent.
• Court: New York Supreme Court — Appellate Division

2023 NY Slip Op 05456

In the Matter of B.V., and Others, Children Under Eighteen Years of Age, etc., Jacquella W., et al., Respondents-Appellants, Administration for Children's Services, Petitioner-Respondent.

Appeal No. 903, Docket Nos. N-02472/21, N-02473/21, N-02474/21, N-02475/21, Case No. 2023-00129

Supreme Court of New York, First Department

October 26, 2023

Anne Reiniger, New York, for Jacquella W., appellant.

Larry S. Bachner, New York, for Anthony M., appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Susan Paulson of counsel), for respondent.

Twyla Carter, The Legal Aid Society, New York (John A. Newbery of counsel), attorney for the children.

Before: Webber, J.P., Moulton, González, Kennedy, JJ.

Order of fact-finding and disposition (one paper), Supreme Court Bronx County (E. Grace Park, J.), entered on or about December 16, 2022, which to the extent appealed from as limited by the briefs, after a hearing, found that respondent mother and respondent Anthony M., a person legally responsible for the subject children, neglected the children unanimously affirmed, without costs.

A preponderance of the evidence supports the Family Court's determination that the mother, and respondent Anthony M., who is in a relationship with the mother and a person legally responsible for the subject children, neglected A.V. (the child). The testimony of the mother and Anthony M., establish that the mother and Anthony M. repeatedly punished the child by isolating the child in the child's room, for extended periods of time, keeping the child from the child's siblings and family, resulting in the child having suicidal ideations. Anthony M. also subjected all four children to verbal abuse, threats of physical violence and physical abuse (see Matter of Dyandria D., 303 A.D.2d 233 [1st Dept 2003], lv dismissed 1 N.Y.3d 623 [2004], cert denied sub nom. Dyandria M. v Administration for Children's Services, 543 U.S. 826 [2004]; Matter of Alethia R. [Jaynie T.J.], 191 A.D.3d 615 [1st Dept 2021]; Matter of Michele S. [Yi S.], 157 A.D.3d 551 552 [1st Dept 2018]). The mother failed to intervene and protect the children from Anthony M.'s abuse (see Matter of Anais G. [Lionell M.], 187 A.D.3d 439 [1st Dept 2020]). The children's consistent cross-corroborating accounts reliably support the court's findings (see Matter of Antonio S. [Antonio S Sr.], 154 A.D.3d 420, 420-421 [1st Dept 2017]). The Child Protective...