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In Re: Matthew C

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 2002
300 A.D.2d 394 (N.Y. App. Div. 2002)

Opinion

2000-10269

Submitted June 14, 2002.

December 9, 2002.

In three related child neglect proceedings pursuant to Family Court Act article 10, the mother appeals, as limited by her brief, from so much of an order of fact-finding and disposition (one paper) of the Family Court, Suffolk County (Spinner, J.), dated October 12, 2000, as, after a hearing, found that the subject children were neglected, and directed that an order of protection be entered against her.

Del Atwell, Montauk, N.Y., for appellant.

Robert J. Cimino, County Attorney, Central Islip, N.Y. (Frank Krotschinsky of counsel), for respondent.

Regina R. Gough, Smithtown, N.Y., Law Guardian for the children.

Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, STEPHEN G. CRANE, JJ.


DECISION ORDER

ORDERED that the appeal from so much of the order of fact-finding and disposition as directed that an order of protection be entered against the appellant is dismissed as academic, without costs or disbursements, as the order of protection has expired (see Matter of Joey T., 185 A.D.2d 851; see also Matter of Jaime D., 295 A.D.2d 346); and it is further,

ORDERED that the order of fact-finding and disposition is affirmed insofar as reviewed, without costs or disbursements.

The court's determination that the subject children were neglected is supported by a preponderance of the evidence (see Family Ct Act § 1046[b][i]; Family Ct Act § 1012[f][i][B]; see also Matter of Douglas E., 191 A.D.2d 694).

The appellant was not deprived of her right to the effective assistance of counsel (see Family Ct Act § 262[a][i]; Matter of Alfred C. [Richard C.], 237 A.D.2d 517).

ALTMAN, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.


Summaries of

In Re: Matthew C

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 2002
300 A.D.2d 394 (N.Y. App. Div. 2002)
Case details for

In Re: Matthew C

Case Details

Full title:IN THE MATTER OF MATTHEW C. (ANONYMOUS). SUFFOLK COUNTY DEPTARTMENT OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 9, 2002

Citations

300 A.D.2d 394 (N.Y. App. Div. 2002)
751 N.Y.S.2d 749

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