Keith C., Matter of

• Decision Date: 01 April 1996
• Citation: 640 N.Y.S.2d 221,226 A.D.2d 369
• Parties: In the Matter of KEITH C. (Anonymous), Lynn J. (Anonymous), Appellant; Commissioner of Social Services, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 221

640 N.Y.S.2d 221

226 A.D.2d 369

In the Matter of KEITH C. (Anonymous), Lynn J. (Anonymous), Appellant Commissioner of Social Services, Respondent.

Supreme Court, Appellate Division Second Department.

April 1, 1996.

Frank A. Buono, Brooklyn, for appellant.

Paul A. Crotty, Corporation Counsel, New York City (Stephen J. McGrath and Alan Beckoff, of counsel), for respondent.

Jane M. Spinak, New York City (Reyna E. Marder, of counsel), Law Guardian for the child.

Before THOMPSON, J.P., and SULLIVAN, PIZZUTO and McGINITY, JJ.

MEMORANDUM BY THE COURT.

In a child protective proceeding pursuant to Family Court Act article 10, the mother appeals from (1) a fact-finding order of the Family Court, Kings County (Tejeda, J.), dated May 15, 1990, which, after a hearing, found, inter alia, that the appellant had sexually abused the child, (2) a dispositional order of the same court (Hepner, J.), dated March 25, 1991, which, after a hearing placed the child in the care of the Commissioner of Social Services for a period of one year, and (3) an order of the same court (Hepner, J.), dated June 2, 1993, which, after a hearing, extended the child's placement for one year effective March 25, 1993.

ORDERED that the fact-finding order is affirmed, without costs or disbursements; and it is further,

ORDERED that the appeal from the dispositional order is dismissed as academic, without costs or disbursements; and it is further,

ORDERED that the appeal from the order dated June 2, 1993, extending placement is dismissed as academic, without costs or disbursements.

The mother's appeal from so much of the dispositional order as placed the child in the care of the Commissioner of Social Services must be dismissed as academic because the one-year placement period has expired, and a subsequent order extending placement effective March 25, 1992, was entered, from which no appeal has been taken (see, Matter of Eddie E., 219 A.D.2d 719, 631 N.Y.S.2d 745; Matter of F. Children, 199 A.D.2d 81, 604 N.Y.S.2d 956). The mother's appeal from the order extending placement dated June 2, 1993, must be dismissed as academic since that one-year period has also expired. Moreover, the mother's parental rights were subsequently terminated. Therefore, "any corrective measures which this court might have taken * * * would have no practical effect" (Matter of New York City Dept. of Social Servs. [Kalisha A.], 208 A.D.2d 844, 618 N.Y.S.2d 402). Since the underlying finding of abuse constitutes a "permanent and significant stigma", the appeal from the fact-finding order which found that the child was abused is not academic (see, Matter of Eddie E., supra, at 719, 631 N.Y.S.2d 745; Matter of H. Children, 156 A.D.2d 520, 548 N.Y.S.2d 586).

The Commissioner proved by a preponderance of the evidence that the mother sexually abused and permitted her brother to sexually abuse the child (see, Family Ct Act § 1046[b][i]; Matter of Nicole V., 71 N.Y.2d 112, 524 N.Y.S.2d 19, 518 N.E.2d 914). Over a period of approximately one year the child gave consistent accounts of the abuse to a guidance counselor, a caseworker, a physician, and a child psychologist. These out-of-court statements were corroborated by the child's in-camera testimony. Although...