Opinion
2017-00360 Docket Nos. N-20329-16 N-20330-16 V-21221-16 V-24507-16
11-01-2017
In the Matter of JULIUS C. (Anonymous). Administration for Children's Services, petitioner-respondent; Ebony W. (Anonymous), respondent-appellant; Julius C., Sr. (Anonymous), et al., nonparty-respondents. (Proceeding No. 1) In the Matter of Zahir W. (Anonymous). Administration for Children's Services, petitioner-respondent; Ebony W. (Anonymous), respondent-appellant; Julius C., Sr. (Anonymous), et al., nonparty-respondents. (Proceeding No. 2)
Ann Marquez, New York, NY, for respondent-appellant. Zachary W. Carter, Corporation Counsel, New York, NY (Deborah A. Brenner and Damion K. Stodola of counsel), for petitioner-respondent. Esther D. Kind, Fresh Meadows, NY, for nonparty-respondent Julius C., Sr. (no brief filed). Hector L. Santiago, Kew Gardens, NY, for nonparty-respondent Richard M. Paul B. Guttenberg, Syosset, NY, attorney for the children.
Ann Marquez, New York, NY, for respondent-appellant.
Zachary W. Carter, Corporation Counsel, New York, NY (Deborah A. Brenner and Damion K. Stodola of counsel), for petitioner-respondent.
Esther D. Kind, Fresh Meadows, NY, for nonparty-respondent Julius C., Sr. (no brief filed).
Hector L. Santiago, Kew Gardens, NY, for nonparty-respondent Richard M.
Paul B. Guttenberg, Syosset, NY, attorney for the children.
Appeal by the mother from an order of fact-finding and disposition of the Family Court, Queens County (Joan L. Piccirillo, J.), dated December 21, 2016. The order, insofar as appealed from, after a fact-finding hearing, denied the mother's application pursuant to Family Court Act § 1028 for the return of the subject children during the pendency of a neglect proceeding.
ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.
The subject children were removed from the custody of the mother pending the determination of neglect proceedings commenced by petitions filed by the Administration for Children's Services. The mother then applied pursuant to Family Ct. Act § 1028 for the return of the children during the pendency of the proceeding. After a hearing, the Family Court, Queens County, determined that the children's health was at risk and denied the mother's application. The mother appeals.
The evidence at the hearing included testimony regarding the children's frequent absences from school, poor hygiene, and lack of proper supervision. The evidence, therefore, established that returning the children to the mother during the pendency of the proceeding would present an imminent risk to the children's life or health (see Family Ct. Act § 1028[a] ; Nicholson v. Scoppetta, 3 N.Y.3d 357, 380–381, 787 N.Y.S.2d 196, 820 N.E.2d 840 ; Matter of Alexi R.C. [Monica D.], 109 A.D.3d 819, 820, 971 N.Y.S.2d 164 ; Matter of DeAndre S. [Cleon W.], 92 A.D.3d 888, 939 N.Y.S.2d 499 ; Matter of Iouke H., 50 A.D.3d 904, 854 N.Y.S.2d 669 ; cf. Matter of Baby Boy D. [Adanna C.], 127 A.D.3d 1079, 9 N.Y.S.3d 73 ; Matter of Jesse J., 64 A.D.3d 598, 599, 882 N.Y.S.2d 487 ). Accordingly, the Family Court properly denied the mother's application for the return of the children during the pendency of the proceedings (see Matter of Alexi R.C. [Monica D.], 109 A.D.3d at 821, 971 N.Y.S.2d 164 ; Matter of Iouke H., 50 A.D.3d at 905, 854 N.Y.S.2d 669 ).
BALKIN, J.P., LEVENTHAL, AUSTIN and IANNACCI, JJ., concur.