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In re Divine F.

Supreme Court, Appellate Division, Second Department, New York.
Jun 1, 2016
140 A.D.3d 756 (N.Y. App. Div. 2016)

Opinion

06-01-2016

In the Matter of DIVINE F. (Anonymous). Dutchess County Department of Social Services, petitioner-respondent; Eleha F. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jahmear R. F.-R. (Anonymous). Dutchess County Department of Social Services, petitioner-respondent; Eleha F. (Anonymous), appellant. (Proceeding No. 2).

Bruce A. Petito, Poughkeepsie, NY (Joseph Petito of counsel), for appellant. James M. Fedorchak, County Attorney, Poughkeepsie, NY (Richard A. Ott of counsel), for petitioner-respondent. Helene M. Greenberg, Elmsford, NY, attorney for the children.


Bruce A. Petito, Poughkeepsie, NY (Joseph Petito of counsel), for appellant.

James M. Fedorchak, County Attorney, Poughkeepsie, NY (Richard A. Ott of counsel), for petitioner-respondent.

Helene M. Greenberg, Elmsford, NY, attorney for the children.

Appeal from an order of fact-finding and disposition of the Family Court, Dutchess County (Joan S. Posner, J.), dated October 27, 2014. The order, after fact-finding and dispositional hearings, found that the mother had neglected the subject children and, inter alia, awarded physical custody of the child Divine F. to the father.

ORDERED that the order is affirmed, without costs or disbursements.

The Dutchess County Department of Community and Family Services commenced this proceeding pursuant to Family Court Act article 10 alleging that the mother neglected the subject children. After a fact-finding hearing, the Family Court found that the mother neglected the children.

Contrary to the mother's only contention on appeal, the Family Court's finding that the mother neglected the subject children is supported by a preponderance of the evidence (see Family Ct. Act § 1012[f][i][B] ; Matter of Morgene R. [Leah A.], 135 A.D.3d 769, 770, 22 N.Y.S.3d 886 ; Matter of Tamara D. [Randolph P.], 120 A.D.3d 813, 991 N.Y.S.2d 377 ).

BALKIN, J.P., HALL, MILLER and LaSALLE, JJ., concur.


Summaries of

In re Divine F.

Supreme Court, Appellate Division, Second Department, New York.
Jun 1, 2016
140 A.D.3d 756 (N.Y. App. Div. 2016)
Case details for

In re Divine F.

Case Details

Full title:In the Matter of DIVINE F. (Anonymous). Dutchess County Department of…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Jun 1, 2016

Citations

140 A.D.3d 756 (N.Y. App. Div. 2016)
30 N.Y.S.3d 916
2016 N.Y. Slip Op. 4216

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