In re Jason A.
| Decision Date | 27 November 2019 |
| Docket Number | Docket Nos. B-13431-15, B-13434-15, B-13435-15, B-13436-15, B-13437-15, B-13438-15, B-13440-15, 2018–13431,2018–04254 |
| Citation | 111 N.Y.S.3d 197 (Mem),177 A.D.3d 968 |
| Parties | IN the MATTER OF JASON A. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Maritza L.G. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Julio A. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Maritza L.G. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Jerrys A. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Maritza L.G. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) In the Matter of Naidelys R. (Anonymous). Westchester County Department of Social Services, respondent; Maritza L.G. (Anonymous), appellant. (Proceeding No. 4) |
| Court | New York Supreme Court — Appellate Division |
J. Henry Neale, Jr., White Plains, NY, for appellant.
John M. Nonna, County Attorney, White Plains, N.Y. (Linda M. Trentacoste and Loren Zeitler of counsel), for petitioner-respondent in Proceeding Nos. 1, 2, and 3 and respondent in Proceeding No. 4.
Joseph Petito, Poughkeepsie, NY, attorney for the children.
ALAN D. SCHEINKMAN, P.J., REINALDO E. RIVERA, RUTH C. BALKIN, JOHN M. LEVENTHAL, JJ.
DECISION & ORDER
In related proceedings pursuant to Social Services Law § 384–b, the mother appeals from (1) an order of disposition of the Family Court, Westchester County (Hal B. Greenwald, J.), entered March 16, 2018, and (2) an order of disposition of the same court also entered March 16, 2018. The first order of disposition, insofar as appealed from, upon the mother's consent to findings of permanent neglect, and after a dispositional hearing, terminated the mother's parental rights as to the subject children Jason A., Julio A., and Jerrys A. on the ground of permanent neglect, and transferred guardianship and custody of those children to the petitioner for the purpose of adoption. The second order of disposition, upon the mother's consent to a finding of permanent neglect, and after a dispositional hearing, terminated the mother's parental rights as to the subject child Naidelys R. on the ground of permanent neglect, and transferred guardianship and custody of that child to the petitioner for the purpose of adoption.
ORDERED that the first order of disposition is affirmed insofar as appealed from, without costs or disbursements; and it is further,
ORDERED that the second order of disposition is affirmed, without costs or disbursements.
The petitioner commenced these proceedings to terminate the mother's parental rights. The mother consented to findings that she permanently neglected the subject children. After a dispositional hearing, the Family Court terminated the mother's parental rights and transferred guardianship and custody of the children to the petitioner for the purpose of adoption. The mother appeals.
The mother's admission to having permanently neglected the children satisfied the burden of proof necessary for the Family Court's finding of permanent neglect against her (see Matter of Amber L.M. [Cheryl M.], 167 A.D.3d 746, 747, 87 N.Y.S.3d 487 ; Matter of Adam L. [Marie L.-K.], 97 A.D.3d 581, 582,...
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