Tylena S. v. Darin J.

4 A.D.3d 568, 771 N.Y.S.2d 592, 2004 N.Y. App. Div. LEXIS 1095
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 5, 2004
StatusPublished
Cited by14 cases

This text of 4 A.D.3d 568 (Tylena S. v. Darin J.) 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
Tylena S. v. Darin J., 4 A.D.3d 568, 771 N.Y.S.2d 592, 2004 N.Y. App. Div. LEXIS 1095 (N.Y. Ct. App. 2004).

Opinion

Spain, J.

Appeals (1) from an order of the Family Court of Chenango County (Sullivan, J.), entered June 3, 2000, which, inter alia, dismissed petitioner’s application, in proceeding No. 1 pursuant to Family Ct Act article 6, to find respondent in violation of a prior visitation order, and (2) from an order of said court, entered July 13, 2000, which granted petitioner’s application, in proceeding No. 2 pursuant to Family Ct Act article 10, to adjudicate the children to be neglected.

In proceeding No. 1, petitioner, Tylena S. (hereinafter the mother), alleged that respondent, Darin J. (hereinafter the father), violated a prior order of visitation by failing to produce the parties’ children, a six-year-old girl and an eight-year-old boy, for a scheduled visitation. In proceeding No. 2, petitioner, Chenango County Department of Social Services (hereinafter DSS), filed two neglect petitions pursuant to Family Ct Act article 10—one against the mother and the other against the mother’s paramour, respondent John K. (hereinafter respondent). The petitions alleged that during a February 2000 visit, respondent drank beer in the presence of the children in violation of an existing order of protection and exposed the children to “pornographic materials” in magazines, placing the children at risk of impairment of their physical, mental and/or emotional condition (see Family Ct Act § 1012 [f] [i]). Attached to the petitions were written statements given by the children to State Police.

Following a combined fact-finding hearing, Family Court dismissed the mother’s violation petition and dismissed the neglect petition against her, but sustained the neglect petition filed against respondent. In a subsequent dispositional order, the court directed that respondent have no contact with the children until the youngest child turns age 18 (see Family Ct Act § 1056 [4]). Respondent appeals from that portion of Family Court’s order finding that he neglected the children and precluding contact with the children, and the mother appeals only from the dismissal of her violation petition.

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Bluebook (online)
4 A.D.3d 568, 771 N.Y.S.2d 592, 2004 N.Y. App. Div. LEXIS 1095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tylena-s-v-darin-j-nyappdiv-2004.