Matter of Matthew C.

• Decision Date: 09 December 2002
• Citation: 300 A.D.2d 394,751 N.Y.S.2d 749
• Court: New York Supreme Court — Appellate Division
• Parties: In the Matter of MATTHEW C., a Child Alleged to be Neglected.<BR>SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent;<BR>EILEEN C., Appellant. (Proceeding No. 1.)<BR>In the Matter of SARA H., a Child Alleged to be Neglected.<BR>SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent;<BR>EILEEN C., Appellant. (Proceeding No. 2.)<BR>In the Matter of HENRY H., a Child Alleged to be Neglected.<BR>SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent;<BR>EILEEN C., Appellant. (Proceeding No. 3.)

300 A.D.2d 394

751 N.Y.S.2d 749

In the Matter of MATTHEW C., a Child Alleged to be Neglected. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; EILEEN C., Appellant. (Proceeding No. 1.) In the Matter of SARA H., a Child Alleged to be Neglected. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; EILEEN C., Appellant. (Proceeding No. 2.) In the Matter of HENRY H., a Child Alleged to be Neglected. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; EILEEN C., Appellant. (Proceeding No. 3.)

Decided December 9, 2002.

Altman, J.P., Krausman, Schmidt and Crane, JJ., concur.

Ordered that the appeal from so much of the order of factfinding and disposition as directed that an order of protection be entered against the appellant is dismissed as academic, without costs or disbursements, as the order of protection has expired (see Matter of Joey T., 185 AD2d 851; see also Matter of Jaime D., 295 AD2d 346); and it is further,

Ordered that the order of fact-finding and disposition is affirmed insofar as reviewed, without costs or disbursements.

The court's determination that the subject children were neglected is supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]; Family Ct Act § 1012 [f] [i] [B]; see also Matter of Douglas E., 191 AD2d 694).

The appellant was not deprived of her right to the effective assistance of counsel (see Family Ct Act § 262 [a] [i]; Matter of Alfred C., 237 AD2d 517).