Lillian R., Matter of
| Decision Date | 02 August 1993 |
| Citation | 600 N.Y.S.2d 756,196 A.D.2d 503 |
| Parties | In the Matter of LILLIAN R. (Anonymous), Appellant. |
| Court | New York Supreme Court — Appellate Division |
Edward E. Caesar, New York City, for appellant.
O. Peter Sherwood, Corp. Counsel, New York City (Larry A. Sonnenshein and Elaine Rothenberg, of counsel), for respondent.
Lenore Gittis, New York City (Raymond E. Rogers, of counsel), Law Guardian for the children.
Before BRACKEN, J.P., and LAWRENCE, EIBER and O'BRIEN, JJ.
MEMORANDUM BY THE COURT.
In a child protective proceeding pursuant to Family Court Act article 10, the appeals are from (1) an order of the Family Court, Kings County (Nason, J.), entered April 26, 1990, which, after a fact-finding hearing, adjudged the children to be neglected, (2) an order of disposition of the same court, dated September 18, 1990, which, inter alia, ordered that the children be placed with the Commissioner of Social Services for a period not to exceed nine months.
ORDERED that the appeal from the order entered April 26, 1990, is dismissed, without costs or disbursements, as that order was superseded by the order dated September 18, 1990; and it is further,
ORDERED that the order of disposition is affirmed, without costs or disbursements.
The appellant argues that a new fact-finding hearing is required because the Family Court did not set forth its factual findings in determining that the children were neglected. However, we find that the record is sufficiently complete for us to make our own factual determinations (see, Northern Westchester Professional Park Assocs. v. Town of Bedford, 60 N.Y.2d 492, 470 N.Y.S.2d 350, 458 N.E.2d 809; Matter of Sandra W., 170 A.D.2d 512, 566 N.Y.S.2d 81, cert. denied --- U.S. ----, 112 S.Ct. 1209, 117 L.Ed.2d 448; Matter of William EE, 157 A.D.2d 974, 550 N.Y.S.2d 455; Emmi v. State of New York, 143 A.D.2d 876, 533 N.Y.S.2d 406). The appellant's apartment was maintained in a deplorable and unsanitary condition (see, Matter of Busch v. Margaret B., 109 A.D.2d 837, 486 N.Y.S.2d 362; see also, Matter of Jennifer B., 163 A.D.2d 910, 558 N.Y.S.2d 429; Matter of Kevin J., 162 A.D.2d 1034, 557 N.Y.S.2d 228). In addition, the appellant admitted that there was no food in the apartment and there was evidence that the appellant failed to accept homemaking services offered to her. Accordingly, the Family Court correctly determined that there was an "imminent danger of impairment of the children's health" as the result of the...
To continue reading
Request your trial
-
In the Matter of Trudy–ann W. (anonymous) v. (anonymous)
...809). Further, where, as here, the “record is sufficiently complete to make our own factual determinations” ( Matter of Lillian R., 196 A.D.2d 503, 504, 600 N.Y.S.2d 756), we may do so. Based upon our “independent factual review of the complete record” ( Matter of Steward v. Steward, 25 A.D......
-
H.B. v. Mobile Cnty. Dep't of Human Res.
...461 N.W.2d 478 (Iowa Ct. App. 1990) ; In re Interest of E.R., 230 Neb. 646, 651, 432 N.W.2d 834, 838 (1988) ; In re Lillian R., 196 A.D.2d 503, 600 N.Y.S.2d 756 (1993) ; and In re Interest of J.R., 501 S.W.3d 738 (Tex. App. 2016). A fair reading of the record indicates that DHR removed the ......
-
Child Protective Services on Behalf of Amanda G., Matter of
...67 N.Y.2d 838, 501 N.Y.S.2d 647, 492 N.E.2d 775; Matter of Tammie Z., 66 N.Y.2d 1, 494 N.Y.S.2d 686, 484 N.E.2d 1038; Matter of Lillian R., 196 A.D.2d 503, 600 N.Y.S.2d 756). Where, as here, the hearing court was confronted primarily with issues of credibility, its factual findings must be ......
-
In re China C. (Anonymous). Westchester Cnty. Dep't of Soc. Servs.
...742 N.Y.S.2d 646;Matter of Commissioner of Social Servs. [Jessica M.] v. Anne F., 225 A.D.2d 620, 639 N.Y.S.2d 449;Matter of Lillian R., 196 A.D.2d 503, 600 N.Y.S.2d 756). ...