Opinion
519294.
10-08-2015
In the Matter of ROBERT P. and Others, Neglected Children. Otsego County Department of Social Services, Respondent; Sherri P., Appellant, et al., Respondent.
Jehed Diamond, Delhi, for appellant. Steven Ratner, Otsego County Department of Social Services, Cooperstown, for respondent. Rosemarie Richards, Gilbertsville, attorney for the children.
Jehed Diamond, Delhi, for appellant.
Steven Ratner, Otsego County Department of Social Services, Cooperstown, for respondent.
Rosemarie Richards, Gilbertsville, attorney for the children.
Before: PETERS, P.J., LAHTINEN, GARRY and ROSE, JJ.
Opinion
LAHTINEN, J.Appeal from an order of the Family Court of Otsego County (Burns, J.), entered May 7, 2014, which, in a proceeding pursuant to Family Ct. Act article 10, denied respondent Sherri P.'s motion to dismiss the petition.
Petitioner commenced a Family Ct. Act article 10 proceeding alleging, as is relevant herein, that respondent Sherri P. (hereinafter respondent) neglected her four children (born in 1996, 2000, 2007 and 2013) based upon her misuse of prescription drugs. On December 9, 2013, respondent stipulated to a finding of neglect and consented to a dispositional order requiring her to, among other things, cooperate with and accept services referred by petitioner, specifically participation in a substance abuse disorder treatment, and to stay in contact with the children. In March 2014, petitioner filed a violation petition alleging that respondent willfully violated the December 9, 2013 order by failing to complete a substance abuse evaluation or participate in visitation with the children. Respondent moved to dismiss the petition, asserting that no violation could have occurred because no written order had been entered with respect to the December 9, 2013 neglect proceeding. Family Court denied the motion and this appeal ensued.
We affirm. Although no written order memorializing the conditions imposed on respondent was entered until after the violation petition was filed, the transcript of the December 9, 2013 neglect proceeding reflects that respondent appeared with counsel and stipulated to the imposition of those conditions in open court. As such, those conditions are binding on respondent regardless of whether they are reduced to a written order and entered (see Matter of Dashaun G. [Diana B.], 117 A.D.3d 1526, 1527, 985 N.Y.S.2d 802 [2014], lv. dismissed 24 N.Y.3d 951, 994 N.Y.S.2d 51, 18 N.E.3d 753 [2014] ; Matter of W. Children, 226 A.D.2d 385, 386–387, 640 N.Y.S.2d 235 [1996], lv. denied 88 N.Y.2d 811, 649 N.Y.S.2d 378, 672 N.E.2d 604 [1996] ; Matter of Kim Shantae M., 221 A.D.2d 199, 199, 633 N.Y.S.2d 151 [1995] ). Accordingly, under the circumstances here, respondent's motion to dismiss was properly denied.
ORDERED that the order is affirmed, without costs.
PETERS, P.J., GARRY and ROSE, JJ., concur.