In re Angelyna G.

Appellate Division of the Supreme Court of New York

In re Angelyna G.

46 A.D.3d 304, 847 N.Y.S.2d 891

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 11, 2007

StatusPublished

Cited by4 cases

This text of 46 A.D.3d 304 (In re Angelyna G.) 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 Angelyna G., 46 A.D.3d 304, 847 N.Y.S.2d 891 (N.Y. Ct. App. 2007).

Pincite

Opinion

Order, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about March 10, 2006, which, after a hearing, found that respondent father had neglected the child, unanimously affirmed, without costs. Appeal from order of disposition, same court and Judge, entered on or about May 4, 2006, which, after a fact-finding determination of neglect, placed the subject child with petitioner Commissioner of the Administration for Children’s Services pending the completion of a permanency hearing then scheduled for November 2, 2006, unanimously dismissed as moot, without costs.

The record fully supports the court’s credibility determinations in finding that the father neglected the child by smoking crack cocaine during the period in question and by failing to submit to random drug tests and to complete a parenting skills program (Family Ct Act § 1012 [f] [i] [B]; see generally Matter of Sara B., 41 AD3d 170, 171 [2007]). The fact that the mother was opposed to the father’s custody application did not require wholesale rejection of her testimony, which implicated her, as well as the father, in drug use.

The appeal from the May 2006 dispositional order is rendered moot by the fact that it was superseded by a subsequent order (see generally Matter of Jabarry W., 24 AD3d 218, 219 [2005], lv denied 6 NY3d 711 [2006]). Concur—Marlow, J.P., Nardelli, Williams and McGuire, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about March 10, 2006, which, after a hearing, found that respondent father had neglected the child, unanimously affirmed, without costs. Appeal from order of disposition, same court and Judge, entered on or about May 4, 2006, which, after a fact-finding determination of neglect, placed the subject child with petitioner Commissioner of the Administration for Children’s Services pending the completion of a permanency hearing then scheduled for November 2, 2006, unanimously dismissed as moot, without costs.

The record fully supports the court’s credibility determinations in finding that the father neglected the child by smoking crack cocaine during the period in question and by failing to submit to random drug tests and to complete a parenting skills program (Family Ct Act § 1012 [f] [i] [B]; see generally Matter of Sara B., 41 AD3d 170, 171 [2007]). The fact that the mother was opposed to the father’s custody application did not require wholesale rejection of her testimony, which implicated her, as well as the father, in drug use.

The appeal from the May 2006 dispositional order is rendered moot by the fact that it was superseded by a subsequent order (see generally Matter of Jabarry W., 24 AD3d 218, 219 [2005], lv denied 6 NY3d 711 [2006]). Concur—Marlow, J.P., Nardelli, Williams and McGuire, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

46 A.D.3d 304, 847 N.Y.S.2d 891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-angelyna-g-nyappdiv-2007.

Opinion

Related

Cite This Page — Counsel Stack