In re Lah De W.
| Decision Date | 18 November 2010 |
| Parties | In re LAH DE W., and Others, Dependent Children Under Eighteen Years of Age, etc., Takisha W., Respondent-Appellant, Administration for Children's Services, Petitioner-Respondent. |
| Court | New York Supreme Court — Appellate Division |
78 A.D.3d 523
In re LAH DE W., and Others, Dependent Children Under Eighteen Years of Age, etc.,
Takisha W., Respondent-Appellant,
Administration for Children's Services, Petitioner-Respondent.
Supreme Court, Appellate Division, First Department, New York.
Nov. 18, 2010.
Kenneth M. Tuccillo, Hastings-on-Hudson, for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Susan Paulson of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), Law Guardian.
SWEENY, J.P., FREEDMAN, RICHTER, MANZANET-DANIELS, ROMÁN, JJ.
Order of disposition, Family Court, New York County (Jane Pearl, J.), entered on or about February 11, 2009, which, upon a fact-finding determination that respondent mother neglected the subject children, placed the children, with the mother's consent, with the Commissioner of Social Services until the completion of the next permanency hearing, affirmed with respect to the fact-finding determination, and the appeal otherwise dismissed, without costs.
Regarding the order of disposition, no appeal lies from an order entered on the consent of the appealing party ( see Matter of Tyshawn Jaraind C., 33 A.D.3d 488, 823 N.Y.S.2d 34 [2006] ). Moreover, the placement has been rendered moot as the date scheduled for the next permanency hearing has passed ( see Matter of Stephon Elijah G., 63 A.D.3d 640, 881 N.Y.S.2d 426 [2009] ).
The finding that the mother neglected all five of her children,
including the eldest, Lah De, who was speech-impaired and developmentally disabled, was supported by a preponderance of the evidence ( see Family Court Act §§ 1012[f][i], 1046[b][i] ), which established that the children were at imminent risk of harm due to the mother's inadequate supervision, her continued use of marijuana even after the neglect petition was filed, and her failure to bring the children for several scheduled medical appointments. Records at the shelter where the mother and her children resided showed, inter alia, that she had, on several occasions, left her children, then ages 14, 11, 6, 5 and 1, unattended at the shelter, and permitted them to ride the subway late at night without her. These findings as to all the children clearly belie the implication of the dissent that the finding regarding the oldest child was limited to just one incident ( see Matter of Sasha B., 73 A.D.3d 587, 905 N.Y.S.2d 563 [2010] ).All...
To continue reading
Request your trial
-
Diontech Consulting, Inc. v. N.Y. City Hous. Auth.
...that the project in question was completed by May 10, 2007, but in September and November of that year, it executed two documents911 N.Y.S.2d 327whereby it forever released, waived and discharged defendants from any and all causes of action, suits, debts, accounts, damages, encumbrances, ju......
-
S.. v. (In re Southern)
...1012[f][i][A],[B] ; see Matter of Alex R. [Maria R.], 81 A.D.3d 463, 915 N.Y.S.2d 568 [1st Dept.2011] ; Matter of Lah De W. [Takisha W.], 78 A.D.3d 523, 911 N.Y.S.2d 327 [1st Dept.2010] ). The caseworker testified that both Antonio and Jordan told her that their father left them alone for e......
-
In re Elijah J.
...for over a week without sufficient food, shelter, or clothing ( seeFamily Ct. Act § 1012[f][i][A]; Matter of Lah De W. [Takisha W.], 78 A.D.3d 523, 523–524, 911 N.Y.S.2d 327 [1st Dept. 2010] ). The Family Court also properly found neglect based on the mother's regular misuse of marijuana ( ......
-
People v. Solomon
...844, 901 N.Y.S.2d 151, 927 N.E.2d 572 [2010], quoting People v. Thompson, 99 N.Y.2d 38, 751 N.Y.S.2d 162, 780 N.E.2d 973 [2002] ). The78 A.D.3d 523fact that Penal Law § 165.15 treats debit cards and all thefts of transportation services in separate subsections is irrelevant to the fact that......