In the Matter of Serenity S. (anonymous).Comm'r of The Admin. For Children's Serv. of The City of N.Y.
| Decision Date | 01 November 2011 |
| Citation | 89 A.D.3d 737,2011 N.Y. Slip Op. 07847,931 N.Y.S.2d 693 |
| Parties | In the Matter of SERENITY S. (Anonymous).Commissioner of the Administration for Children's Services of the City of New York, appellant;Tyesha A. (Anonymous), respondent-respondent;Keith S. (Anonymous), nonparty father. |
| Court | New York Supreme Court — Appellate Division |
89 A.D.3d 737
931 N.Y.S.2d 693
2011 N.Y. Slip Op. 07847
In the Matter of SERENITY S. (Anonymous).Commissioner of the Administration for Children's Services of the City of New York, appellant;Tyesha A. (Anonymous), respondent-respondent;Keith S. (Anonymous), nonparty father.
Supreme Court, Appellate Division, Second Department, New York.
Nov. 1, 2011.
[931 N.Y.S.2d 694]
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Ellen Ravitch of counsel), for appellant.Anya Mukarji–Connolly and Jessica Marcus, Brooklyn, N.Y., for respondent-respondent.Steven Banks, New York, N.Y. (Tamara A. Steckler and Claire V. Merkine of counsel), attorney for the child.Ana Stern, New York, N.Y., for nonparty father.WILLIAM F. MASTRO, J.P., DANIEL D. ANGIOLILLO, ARIEL E. BELEN, and PLUMMER E. LOTT, JJ.[89 A.D.3d 737] In a child neglect proceeding pursuant to Family Court Act article 10, the petitioner, Commissioner of the Administration for Children's Services of the City of New York, appeals, as limited by its brief, from so much of an order of the Family Court, Kings County (Beckoff, J.), dated March 31, 2011, as, after a hearing, denied that branch of its motion which was pursuant to Family Court Act § 1027 to temporarily remove the subject child from the custody of the mother and place the child in its custody pending the outcome of the proceeding.
ORDERED that the order is reversed insofar as appealed from, on the law and the facts, without costs or disbursements, and that branch of the petitioner's motion which was pursuant to Family Court Act § 1027 to temporarily remove the subject child from the custody of the mother and place the child in its custody pending the outcome of the proceeding is granted.
In this proceeding commenced on February 4, 2011, the petitioner, Commissioner of the Administration for Children's Services (hereinafter the petitioner), alleges that the mother derivatively neglected
[931 N.Y.S.2d 695]
the subject child, an infant born in January 2011, based upon prior adjudications that the mother, through her drug use, neglected the child's four older siblings, [89 A.D.3d 738] all of whom are in foster care. The petition alleged that, together with the mother's failure to comply with a drug treatment program, the conduct of the mother that formed the basis of the prior neglect adjudications was so proximate in time to the birth of the child that it could reasonably be concluded that the condition still existed at...To continue reading
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...A.D.3d 774, 775, 18 N.Y.S.3d 636 ; Matter of Arthur G. [Tiffany M.], 112 A.D.3d at 926, 978 N.Y.S.2d 286 ; Matter of Serenity S. [Tyesha A.], 89 A.D.3d 737, 739, 931 N.Y.S.2d 693 ). Based upon our independent factual review, we conclude that the record supports a finding that reunification ......
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In re Dennis X.G.D.V.
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