In re Children

Appellate Division of the Supreme Court of New York

In re Children

148 A.D.2d 728, 540 N.Y.S.2d 207, 1989 N.Y. App. Div. LEXIS 4179

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

DecidedMarch 27, 1989

StatusPublished

Cited by1 cases

This text of 148 A.D.2d 728 (In re Children) 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 Children, 148 A.D.2d 728, 540 N.Y.S.2d 207, 1989 N.Y. App. Div. LEXIS 4179 (N.Y. Ct. App. 1989).

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Opinion

In six consolidated child neglect proceedings pursuant to Family Court Act article 10, the mother Sonia S. appeals from an order of disposition of the Family Court, Kings County (Cohen, J.), dated June 11, 1985, which, upon five fact-finding orders dated March 21, 1985, and a fact-finding order dated June 11, 1985, made after hearings, finding that the children had been neglected, placed them in the custody of the Commissioner of Social Services for a period of 18 months.

[729]*729Ordered that the order of disposition is affirmed, without costs or disbursements.

The mother contends that the evidence of neglect was legally insufficient. We find the contention meritless. Not only did the mother admit to educational neglect, but the Department of Social Services presented evidence that she was unable to properly take care of her children because she failed to regularly take medication which was prescribed to her to treat a mental illness (see, Family Ct Act § 1012 [f] [i]; § 1046). Moreover, the court’s placement of the children was in their best interest (see, Family Ct Act §§ 1052, 1055). Lawrence, J. P., Rubin, Fiber and Balletta, JJ., concur.

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In six consolidated child neglect proceedings pursuant to Family Court Act article 10, the mother Sonia S. appeals from an order of disposition of the Family Court, Kings County (Cohen, J.), dated June 11, 1985, which, upon five fact-finding orders dated March 21, 1985, and a fact-finding order dated June 11, 1985, made after hearings, finding that the children had been neglected, placed them in the custody of the Commissioner of Social Services for a period of 18 months.

[729]*729Ordered that the order of disposition is affirmed, without costs or disbursements.

The mother contends that the evidence of neglect was legally insufficient. We find the contention meritless. Not only did the mother admit to educational neglect, but the Department of Social Services presented evidence that she was unable to properly take care of her children because she failed to regularly take medication which was prescribed to her to treat a mental illness (see, Family Ct Act § 1012 [f] [i]; § 1046). Moreover, the court’s placement of the children was in their best interest (see, Family Ct Act §§ 1052, 1055). Lawrence, J. P., Rubin, Fiber and Balletta, JJ., concur.

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Bluebook (online)

148 A.D.2d 728, 540 N.Y.S.2d 207, 1989 N.Y. App. Div. LEXIS 4179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-children-nyappdiv-1989.

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