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Matter of Lillian

Appellate Division of the Supreme Court of New York, Second Department
Aug 2, 1993
196 A.D.2d 503 (N.Y. App. Div. 1993)

Opinion

August 2, 1993

Appeal from the Family Court, Kings County (Nason, J.).


Ordered that the appeal from the order entered April 26, 1990, is dismissed, without costs or disbursements, as that order was superseded by the order dated September 18, 1990; and it is further,

Ordered that the order of disposition is affirmed, without costs or disbursements.

The appellant argues that a new fact-finding hearing is required because the Family Court did not set forth its factual findings in determining that the children were neglected. However, we find that the record is sufficiently complete for us to make our own factual determinations (see, Northern Westchester Professional Park Assocs. v Town of Bedford, 60 N.Y.2d 492; Matter of Sandra W., 170 A.D.2d 512, cert denied sub nom. Watkins v Commissioner of Social Servs. of City of N.Y., ___ US ___, 112 S Ct 1209; Matter of William EE., 157 A.D.2d 974; Emmi v State of New York, 143 A.D.2d 876). The appellant's apartment was maintained in a deplorable and unsanitary condition (see, Matter of Busch v Margaret B., 109 A.D.2d 837; see also, Matter of Jennifer B., 163 A.D.2d 910; Matter of Kevin J., 162 A.D.2d 1034). In addition, the appellant admitted that there was no food in the apartment and there was evidence that the appellant failed to accept homemaking services offered to her. Accordingly, the Family Court correctly determined that there was an "imminent danger of impairment of the children's health" as the result of the appellant's conduct (see, Matter of Jennifer B., supra; Matter of Kevin J., supra; Matter of T.D. Children, 161 A.D.2d 464). Bracken, J.P., Lawrence, Eiber and O'Brien, JJ., concur.


Summaries of

Matter of Lillian

Appellate Division of the Supreme Court of New York, Second Department
Aug 2, 1993
196 A.D.2d 503 (N.Y. App. Div. 1993)
Case details for

Matter of Lillian

Case Details

Full title:In the Matter of LILLIAN R., Appellant

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

Date published: Aug 2, 1993

Citations

196 A.D.2d 503 (N.Y. App. Div. 1993)
600 N.Y.S.2d 756

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