In re Kaylee S.

Appellate Division of the Supreme Court of New York

In re Kaylee S.

110 A.D.3d 460, 973 N.Y.S.2d 111

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

DecidedOctober 8, 2013

StatusPublished

This text of 110 A.D.3d 460 (In re Kaylee 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 Kaylee S., 110 A.D.3d 460, 973 N.Y.S.2d 111 (N.Y. Ct. App. 2013).

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Opinion

Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or about July 18, 2012, insofar as it brings up for review the fact-finding determination that respondent-appellant mother had derivatively neglected the subject child, unanimously affirmed, without costs. Appeal from the fact-finding order, same court and Judge, entered on or about March 26, 2012, unanimously dismissed, without costs, as subsumed in the appeal from the dispositional order.

[461]*461The finding of derivative neglect is supported by a preponderance of the evidence (Family Ct Act §§ 1012 [f] [i] [B]; 1046 [a] [i]; [b] [i]). Prior neglect findings and a dispositional order placing the mother’s then roughly two- and four-year-old children with the mother’s aunt were entered less than one year before the filing of the instant petition. Although the mother is no longer in an abusive relationship and has a temporary home at her grandmother’s house, the evidence indicates that the underlying conditions that resulted in the prior neglect findings — lack of an income source, medical care, and stable housing — continue to exist (see e.g. Matter of Kadiatou B., 52 AD3d 388, 389 [1st Dept 2008], lv denied 12 NY3d 701 [2009]). Her grandmother’s agreement to house and support her and the child for “a while,” until she obtained public assistance and could move to a shelter, does not warrant a contrary conclusion. Concur — Gonzalez, P.J., Mazzarelli, Andrias and DeGrasse, JJ.

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Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or about July 18, 2012, insofar as it brings up for review the fact-finding determination that respondent-appellant mother had derivatively neglected the subject child, unanimously affirmed, without costs. Appeal from the fact-finding order, same court and Judge, entered on or about March 26, 2012, unanimously dismissed, without costs, as subsumed in the appeal from the dispositional order.

[461]*461The finding of derivative neglect is supported by a preponderance of the evidence (Family Ct Act §§ 1012 [f] [i] [B]; 1046 [a] [i]; [b] [i]). Prior neglect findings and a dispositional order placing the mother’s then roughly two- and four-year-old children with the mother’s aunt were entered less than one year before the filing of the instant petition. Although the mother is no longer in an abusive relationship and has a temporary home at her grandmother’s house, the evidence indicates that the underlying conditions that resulted in the prior neglect findings — lack of an income source, medical care, and stable housing — continue to exist (see e.g. Matter of Kadiatou B., 52 AD3d 388, 389 [1st Dept 2008], lv denied 12 NY3d 701 [2009]). Her grandmother’s agreement to house and support her and the child for “a while,” until she obtained public assistance and could move to a shelter, does not warrant a contrary conclusion. Concur — Gonzalez, P.J., Mazzarelli, Andrias and DeGrasse, JJ.

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Bluebook (online)

110 A.D.3d 460, 973 N.Y.S.2d 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kaylee-s-nyappdiv-2013.

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