In re Ivana S.

Appellate Division of the Supreme Court of New York

In re Ivana S.

273 A.D.2d 88, 709 N.Y.S.2d 539, 2000 N.Y. App. Div. LEXIS 6615

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

DecidedJune 13, 2000

StatusPublished

This text of 273 A.D.2d 88 (In re Ivana S.) 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 Ivana S., 273 A.D.2d 88, 709 N.Y.S.2d 539, 2000 N.Y. App. Div. LEXIS 6615 (N.Y. Ct. App. 2000).

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Opinion

Order, Family Court, New York County (Richard Ross, J.), entered on or about June 3, 1998, which suspended respondent’s visits with the subject child, unanimously affirmed, without costs.

The court properly exercised its discretion in concluding that respondent’s visitation with the subject child should be suspended (see, Matter of Child Protective Servs. [Shavon G.] v Mary G., 185 AD2d 339, lv dismissed 80 NY2d 972), since a preponderance of the evidence (see, Matter of Ashley S., 129 AD2d 581, appeal dismissed 70 NY2d 708) established that respondent posed a risk to the child’s safety. Indeed, respondent does not dispute the characterization of her as mentally ill and apt to engage in impulsive behavior, some of which, the record indicates, has been directed at the child with potentially devastating consequences. Concur — Tom, J. P., Mazzarelli, Lerner and Buckley, JJ.

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Order, Family Court, New York County (Richard Ross, J.), entered on or about June 3, 1998, which suspended respondent’s visits with the subject child, unanimously affirmed, without costs.

The court properly exercised its discretion in concluding that respondent’s visitation with the subject child should be suspended (see, Matter of Child Protective Servs. [Shavon G.] v Mary G., 185 AD2d 339, lv dismissed 80 NY2d 972), since a preponderance of the evidence (see, Matter of Ashley S., 129 AD2d 581, appeal dismissed 70 NY2d 708) established that respondent posed a risk to the child’s safety. Indeed, respondent does not dispute the characterization of her as mentally ill and apt to engage in impulsive behavior, some of which, the record indicates, has been directed at the child with potentially devastating consequences. Concur — Tom, J. P., Mazzarelli, Lerner and Buckley, JJ.

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Bluebook (online)

273 A.D.2d 88, 709 N.Y.S.2d 539, 2000 N.Y. App. Div. LEXIS 6615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ivana-s-nyappdiv-2000.

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