In re Jabez F.

Appellate Division of the Supreme Court of New York

In re Jabez F.

92 A.D.3d 448, 938 N.Y.2d 518

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

DecidedFebruary 7, 2012

StatusPublished

This text of 92 A.D.3d 448 (In re Jabez F.) 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 Jabez F., 92 A.D.3d 448, 938 N.Y.2d 518 (N.Y. Ct. App. 2012).

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Opinion

Respondent mother’s claim that the court, following a hearing pursuant to Family Court Act § 1028, erred in denying her application to have the children returned to her pending the neglect proceeding was rendered moot by the subsequent fact-finding determination of neglect (see Matter of Charnel T., 49 AD3d 427 [2008]).

The Family Court’s determination that neglect was proved by a preponderance of the evidence was amply supported by the record. The mother had, inter alia, a conviction of aggravated sexual abuse of her older children in another state, for which she served five years, a long history of drug abuse that extended, by her own admission, five months into her pregnancy with the younger of the subject children, and a history of serious mental illness (see Matter of Justice T., 305 AD2d 1076 [2003], lv denied 100 NY2d 512 [2003]). Concur — Mazzarelli, J.P., Andrias, DeGrasse, Richter and Abdus-Salaam, JJ.

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Respondent mother’s claim that the court, following a hearing pursuant to Family Court Act § 1028, erred in denying her application to have the children returned to her pending the neglect proceeding was rendered moot by the subsequent fact-finding determination of neglect (see Matter of Charnel T., 49 AD3d 427 [2008]).

The Family Court’s determination that neglect was proved by a preponderance of the evidence was amply supported by the record. The mother had, inter alia, a conviction of aggravated sexual abuse of her older children in another state, for which she served five years, a long history of drug abuse that extended, by her own admission, five months into her pregnancy with the younger of the subject children, and a history of serious mental illness (see Matter of Justice T., 305 AD2d 1076 [2003], lv denied 100 NY2d 512 [2003]). Concur — Mazzarelli, J.P., Andrias, DeGrasse, Richter and Abdus-Salaam, JJ.

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Bluebook (online)

92 A.D.3d 448, 938 N.Y.2d 518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jabez-f-nyappdiv-2012.

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