In re Matthew C.

227 A.D.2d 679, 641 N.Y.S.2d 753, 1996 N.Y. App. Div. LEXIS 4801
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 2, 1996
StatusPublished
Cited by44 cases

This text of 227 A.D.2d 679 (In re Matthew C.) 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 Matthew C., 227 A.D.2d 679, 641 N.Y.S.2d 753, 1996 N.Y. App. Div. LEXIS 4801 (N.Y. Ct. App. 1996).

Opinion

Spain, J.

Appeal from an order of the Family Court of Ulster County (Mizel, J.), entered October 7, 1994, which granted petitioner’s application, in a proceeding pursuant to Social Services Law § 384-b, to adjudicate respondent’s child to be permanently neglected, and terminated respondent’s parental rights.

Matthew C. (born in 1989) is the youngest of respondent’s five children. Although the relevant court documents are not part of the record, it appears that on April 27, 1989, petitioner initiated emergency removal proceedings (see, Family Ct Act § 1021) and Family Court (Feeney, J.) ordered Matthew’s temporary placement with petitioner; shortly thereafter, he was placed in foster care. On May 1, 1989, petitioner filed a petition alleging that respondent had neglected Matthew and her other four children; in January 1990 respondent made an admission of neglect on the record. By dispositional order dated February 28, 1990, Family Court (Traficanti, J.) placed Matthew with petitioner and placed respondent under the supervision of petitioner with certain directions and conditions.

In November 1990, petitioner filed a petition seeking to extend Matthew’s placement in foster care and to extend the provisions of the dispositional order. Respondent opposed the [680]*680extension and moved to vacate the February 28, 1990 order of fact-finding and disposition. In response, Family Court (Peters, J.) set aside the initial finding of neglect, but Matthew’s placement was continued pending petitioner’s filing of an amended petition; petitioner then filed an amended petition and a new fact-finding hearing was held in June 1991. Again, respondent admitted to certain allegations which the court found, as a matter of law, constituted neglect of all five children. A five-day dispositional hearing was held and a decision rendered in June 1992 which continued Matthew’s placement with petitioner and, again, imposed numerous directions and conditions upon respondent.

In April 1992, before Family Court’s dispositional decision was rendered, petitioner filed a petition alleging that respondent had permanently neglected Matthew. Respondent answered and a fact-finding hearing commenced in December 1992.

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Bluebook (online)
227 A.D.2d 679, 641 N.Y.S.2d 753, 1996 N.Y. App. Div. LEXIS 4801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-matthew-c-nyappdiv-1996.