Matter of Elijah G.

Decision Date30 June 2009
Docket Number956.,955.
Citation63 A.D.3d 640,2009 NY Slip Op 05395,881 N.Y.S.2d 426
PartiesIn the Matter of STEPHON ELIJAH G., a Child Alleged to be Neglected. STEPHANIE G., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.
CourtNew York Supreme Court — Appellate Division

The placement has been rendered moot by the expiration of the dispositional order from which respondent appeals (Matter of Taisha R., 14 AD3d 410 [2005]). The finding of neglect is supported by a preponderance of the evidence showing, inter alia, that respondent has a history of unresolved psychiatric and drug-related problems; failed to comply with a 2005 neglect order, issued in a proceeding involving another child who was ultimately adopted, directing her to seek treatment for such conditions; used marijuana while pregnant with the subject child; and was too confused at times to address her own needs (Family Ct Act § 1012 [f] [i]; see Matter of Jesse DD., 223 AD2d 929 [1996], lv denied 88 NY2d 803 [1996], citing, inter alia, Matter of Madeline R., 214 AD2d 445 [1995]).

Concur—MAZZARELLI, J.P., SAXE, CATTERSON, DeGRASSE and ABDUS-SALAAM, JJ.

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    • United States
    • United States State Supreme Court (New York)
    • February 28, 2017
    ...Dev. Agency, 1 N.Y.3d at 528; Bautista v. 165 W. End Ave. Assoc., L.P., 137 A.D.3d at 715; Caban v. Maria Estela Houses I Assoc., L.P., 63 A.D.3d at 640; Cohen v. Columbia Univ. in City of N.Y., 44 A.D.3d 533, 533 (1st Dep't 2007), his repair work was not connected with the modernization pr......
  • Mendoza v. Prestige Bay Plaza Dev. Corp.
    • United States
    • United States State Supreme Court (New York)
    • April 22, 2019
    ...in the regulations under the statute includes "repair." 12 N.Y.C.R.R. 23-1.4(b)(13). See Caban v. Maria Estela Houses I Assoc., L.P., 63 A.D.3d at 640; Gary v. Flair Beverage Corp., 60 A.D.3d 413, 414 (1st Dep'tPage 8 2009). Nevertheless, to be covered by Labor Law § 241(6), the repair or o......
  • In re Lah De W.
    • United States
    • New York Supreme Court Appellate Division
    • November 18, 2010
    ...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,78 A.D.3d 524including the eldest, Lah De, who wa......
  • In re Alexandra J.
    • United States
    • New York Supreme Court Appellate Division
    • October 1, 2010
    ...mother failed to provide the children with "proper supervision or guardianship" (§ 1012[f][i][B]; see e.g. Matter of Stephon Elijah G., 63 A.D.3d 640, 881 N.Y.S.2d 426; Matter of Ifeiye O., 53 A.D.3d 501, 861 N.Y.S.2d 133) and, as a result, the children's physical, mental and emotional cond......
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