In re Albert T.

188 A.D.2d 934
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 30, 1992
StatusPublished
Cited by18 cases

This text of 188 A.D.2d 934 (In re Albert T.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Albert T., 188 A.D.2d 934 (N.Y. Ct. App. 1992).

Opinion

Crew III, J.

Appeal from an order of the Family Court of Clinton County (McGill, J.), entered January 14, 1991, which granted petitioner’s application, in a proceeding pursuant to Social Services Law § 384-b, to adjudicate Albert T. a permanently neglected child.

Respondent is the natural mother of Albert T. (born Dec. 1985). In November 1986, respondent and her roommate were charged with assault in the second degree based upon respondent’s admission that they struck Albert with a stick. Respon[935]*935dent entered a guilty plea and voluntarily placed Albert in the custody of petitioner. Petitioner subsequently commenced a neglect proceeding pursuant to Family Court Act article 10 and, in May 1987, Albert was found to be a neglected and abused child. Custody was continued with petitioner for an additional 18 months and respondent was granted supervised visitation and directed to attend, inter alia, parenting classes. An additional extension of placement was granted in November 1988.

On or about December 8, 1989, petitioner commenced this permanent neglect proceeding seeking to terminate respondent’s parental rights and free Albert for adoption. Respondent admitted, in open court, the first, second, third, fourth, fifth, 11th (a) insofar as able, 12th, 13th and 14th paragraphs of the petition. Prior to the start of the fact-finding hearing Albert’s natural father, who was apparently the subject of a related proceeding, surrendered his parental rights. During the course of the hearing that followed, testimony was received from, among others, respondent and those caseworkers and mental health professionals involved in this proceeding. Family Court found Albert to be a permanently neglected child and, following a dispositional hearing, determined that it would be in Albert’s best interest to terminate respondent’s parental rights and place him in the custody and guardianship of petitioner until such time as he is placed for adoption. Respondent now appeals from Family Court’s fact-finding order.

We affirm. Initially, we note that at the time the notice of appeal was filed in this matter, there was no appeal as of right from a nondispositional order of Family Court in a permanent neglect proceeding and this appeal, therefore, is subject to dismissal (see, Matter of Tasha Renette E., 161 AD2d 226, 227; Family Ct Act § 1112 former [a]).

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Bluebook (online)
188 A.D.2d 934, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-albert-t-nyappdiv-1992.