Opinion
2018–12553 2018–12558 Docket No. N–23691–16
12-04-2019
In the MATTER OF BARRY D. (Anonymous). Administration for Children's Services, Petitioner-Respondent, v. Katrina B. (Anonymous), Respondent-Appellant, et al., Respondent.
Elliot Green, Brooklyn, N.Y., for respondent-appellant. James E. Johnson, Corporation Counsel, New York, N.Y. (Fay Ng and Antonella Karlin of counsel), for petitioner-respondent. Janet E. Sabel, New York, N.Y. (Dawne A. Mitchell and Riti P. Singh of counsel), attorney for the child.
Elliot Green, Brooklyn, N.Y., for respondent-appellant.
James E. Johnson, Corporation Counsel, New York, N.Y. (Fay Ng and Antonella Karlin of counsel), for petitioner-respondent.
Janet E. Sabel, New York, N.Y. (Dawne A. Mitchell and Riti P. Singh of counsel), attorney for the child.
WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER In a proceeding pursuant to Family Court Act article 10, Katrina B. appeals from (1) an order of fact-finding of the Family Court, Queens County (Mildred T. Negron, J.), dated July 11, 2018, and (2) an order of disposition of the same court (Joan L. Piccirillo, J.), dated September 7, 2018. The order of fact-finding, insofar as appealed from, after a hearing, found that Katrina B. neglected the subject child. The order of disposition, insofar as appealed from, upon the order of fact-finding and after a dispositional hearing, directed that the child be placed in the custody of the Commissioner of Social Services until the next permanency hearing. ORDERED that the appeal from the order of fact-finding is dismissed, without costs or disbursements, as the order of fact-finding was superseded by the order of disposition; and it is further,
ORDERED that the appeal from so much of the order of disposition as directed that the child be placed in the custody of the Commissioner of Social Services is dismissed as academic, without costs or disbursements, except insofar as it brings up for review so much of the fact-finding order as determined that Katrina B. neglected the child; and it is further,
ORDERED that the order of disposition is affirmed insofar as reviewed, without costs or disbursements.
The appeal from so much of the order of disposition as directed that the child be placed in the custody of the Commissioner of Social Services until the completion of the next permanency hearing is academic as additional permanency hearings have thereafter been held (see Matter of Peter T. [Shay S.P.], 173 A.D.3d 1043, 1045, 105 N.Y.S.3d 538 ; Matter of Victoria B. [Jonathan M.], 164 A.D.3d 578, 580, 82 N.Y.S.3d 504 ).
"In order to establish neglect, a petitioner must establish, by a preponderance of the evidence, that the child's physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired and that the actual or threatened harm to the child is due to the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship" ( Matter of Meeya P. [Anthony C.], 167 A.D.3d 1018, 1019, 91 N.Y.S.3d 511 ). Here, the petitioner established by a preponderance of the evidence that Katrina B. failed to provide the child with proper supervision causing imminent risk of impairment to the child's physical, mental, or emotional condition (see Matter of Alan B., 267 A.D.2d 306, 307, 700 N.Y.S.2d 200 ; Matter of Kyle T., 255 A.D.2d 945, 945, 680 N.Y.S.2d 376 ). Accordingly, we affirm the order of disposition insofar as reviewed.
Katrina B.'s remaining contention is without merit (see Matter of Sicurella v. Embro, 31 A.D.3d 651, 651, 819 N.Y.S.2d 75 ).
MASTRO, J.P., LEVENTHAL, DUFFY and BRATHWAITE NELSON, JJ., concur.