Jaynie T. J. v. Comm'r of Soc. Serv. of N.Y. (In re Alethia R.)

• Decision Date: 25 February 2021
• Docket Number: Case No. 2019-03437,13216,Dkt. No. NN15977-78/17
• Citation: 191 A.D.3d 615,142 N.Y.S.3d 526
• Parties: In the MATTER OF ALETHIA R. and Another, Children Under Eighteen Years of Age, etc., Jaynie T. J., Respondent–Appellant, v. Commissioner of Social Service of the City of New York, Petitioner–Respondent.
• Court: New York Supreme Court — Appellate Division

191 A.D.3d 615

142 N.Y.S.3d 526

In the MATTER OF ALETHIA R. and Another, Children Under Eighteen Years of Age, etc.,Jaynie T. J., Respondent–Appellant,

v.Commissioner of Social Service of the City of New York, Petitioner–Respondent.

13216

Dkt. No. NN15977-78/17

Case No. 2019-03437

Supreme Court, Appellate Division, First Department, New York.

ENTERED February 25, 2021

Law Office of Bruce A. Young, New York (Bruce A. Young of counsel), for appellant.

James E. Johnson, Corporation Counsel, New York (Daniel Matza–Brown of counsel), for respondent.

Dawne A. Mitchell, The Legal Aid Society, New York (Patricia Colella of counsel), attorney for the children.

Manzanet–Daniels, J.P., Kern, Kennedy, Scarpulla, JJ.

Order of fact-finding and disposition, Family Court, New York County (Patria Frias–Colon, J.), entered on or about July 30, 2019, which, to the extent appealed from as limited by the briefs, found that respondent mother neglected her older child and derivatively neglected her younger child, unanimously affirmed, without costs.

A preponderance of the evidence supports the court's determination that respondent neglected her daughter by verbally abusing her, which posed a threat to her emotional well-being (see e.g. Matter of Patrice S., 63 A.D.3d 620, 882 N.Y.S.2d 409 [1st Dept. 2009] ; Matter of Michele S. [Yi S.], 157 A.D.3d 551, 552, 67 N.Y.S.3d 628 [1st Dept. 2018], lv denied 31 N.Y.3d 904, 2018 WL 1957523 [2018] ), and by barring her from the home without making alternative arrangements for her shelter and care (see Matter of Shawntay S. [Stephanie R.], 114 A.D.3d 502, 979 N.Y.S.2d 815 [1st Dept. 2014] ; Matter of Jason G. [Pamela G.], 126 A.D.3d 489, 2 N.Y.S.3d 797 [1st Dept. 2015] ).

A preponderance of the evidence supports the court's determination that respondent derivatively neglected her younger, autistic, son for whom the daughter provided care, by excluding the daughter from the home and by verbally disparaging her in the son's presence (see Matter of Jasmine G. [Pamela G.], 147 A.D.3d 593, 593–594, 47 N.Y.S.3d 311 [1st Dept. 2017], lv dismissed 29 N.Y.3d 1024, 55 N.Y.S.3d 158, 77 N.E.3d 894 [2017] ; Matter of Ivania L.V. [Liz C.], 139 A.D.3d 542, 543, 30 N.Y.S.3d 556 [1st Dept. 2016] ).

Respondent's argument that her constitutional rights were violated is unpreserved for appellate review and in any event unavailing (see Matter of Amberlina V. [Alexis R.], 187 A.D.3d 658, 131 N.Y.S.3d 156 [1st Dept. 2020], citing Matter of X. McC. [R.O.], 140...