In re Eliora B.
| Decision Date | 11 January 2017 |
| Citation | 2017 N.Y. Slip Op. 00161,45 N.Y.S.3d 144,146 A.D.3d 772 |
| Parties | In the Matter of ELIORA B. (Anonymous). Administration for Children's Services, respondent; Kennedy B. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Elijah B. (Anonymous). Administration for Children's Services, respondent; Kennedy B. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Kennya B. (Anonymous). Administration for Children's Services, respondent; Kennedy B. (Anonymous), appellant. (Proceeding No. 3). |
| Court | New York Supreme Court — Appellate Division |
146 A.D.3d 772
45 N.Y.S.3d 144
2017 N.Y. Slip Op. 00161
In the Matter of ELIORA B. (Anonymous).
Administration for Children's Services, respondent;
Kennedy B. (Anonymous), appellant. (Proceeding No. 1)
In the Matter of Elijah B. (Anonymous).
Administration for Children's Services, respondent;
Kennedy B. (Anonymous), appellant. (Proceeding No. 2)
In the Matter of Kennya B. (Anonymous).
Administration for Children's Services, respondent;
Kennedy B. (Anonymous), appellant. (Proceeding No. 3).
Supreme Court, Appellate Division, Second Department, New York.
Jan. 11, 2017.
Richard Cardinale, Brooklyn, NY, for appellant.
Zachary W. Carter, Corporation Counsel, New York, NY (Scott Shorr and Michael Pastor of counsel), for respondent.
Seymour W. James, Jr., New York, NY (Tamara Steckler and Riti Singh of counsel), attorney for the children.
JOHN M. LEVENTHAL, J.P., L. PRISCILLA HALL, SANDRA L. SGROI, and COLLEEN D. DUFFY, JJ.
Appeals by the father from (1) an order of fact-finding of the Family Court, Queens County (Marybeth S. Richroath, J.), dated November 18, 2015, and (2) an order of disposition of that court (Joan L. Piccirillo, J.), dated February 29, 2016. The order of fact-finding, after a hearing, found that the father neglected the child Kennya B. and derivatively neglected the children Eliora B. and Elijah B. The order of disposition, upon the order of fact-finding and after a dispositional hearing, directed the father to participate in individual counseling and to complete anger management and batterers programs, and directed that his visitation with the children be supervised.
ORDERED that the appeal from the order of fact-finding is dismissed, without costs or disbursements, as the order of fact-finding was superseded by the order of disposition and is brought up for review on the appeal from the order of disposition; and it is further,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 pertains to the child Kennya B. is dismissed as academic, without costs or disbursements, except insofar as it brings up for review so much of the order of fact-finding as
found that the father neglected that child, as that child has since reached the age of majority (see Matter of Dequaisa M.A. [Tasha W.], 119 A.D.3d 859, 989 N.Y.S.2d 392 ); and it is further,
ORDERED that the order of disposition is affirmed insofar as reviewed, without costs or disbursements.
The petitioner commenced these proceedings pursuant to Family Court Act article 10, alleging that the father neglected the child Kennya B. by inflicting excessive corporal punishment on her, and derivatively neglected her younger siblings, the children Eliora B. and Elijah B. After fact-finding and dispositional hearings, the Family Court determined that the father had neglected Kennya B. and derivatively neglected Eliora B. and Elijah B., directed the father to participate in individual counseling
and to complete anger management and batterers programs, and directed that his visitation with the children be supervised.
Initially, although Kennya B. has reached the age of majority since the entry of the order of disposition, the appeal from so much of the order of disposition as brings up for review the finding that the father neglected her is not academic. The adjudication of neglect constitutes a permanent and significant stigma, which might indirectly affect the father's status in future proceedings (see Matter of Agam B. v. Janna W., 143 A.D.3d 702, 703, 38 N.Y.S.3d 591 ; Matter of Z'naya D.J. [Vanessa J.], 141 A.D.3d 651, 651, 35 N.Y.S.3d 448 ; Matter...
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