Opinion
2019–06319 Index No. N–13859–17
07-29-2020
In the MATTER OF SEAN D.J. (ANONYMOUS). Suffolk County Department of Social Services, respondent; v. Dilsia J. (Anonymous), appellant.
The Cassar Law Firm, P.C., Huntington, N.Y. (Pierre Bazile of counsel), for appellant. Dennis M. Cohen, County Attorney, Central Islip, N.Y. (Steven Nacht of counsel), for respondent. Susan Selanikio Linder, West Islip, NY, attorney for the child.
The Cassar Law Firm, P.C., Huntington, N.Y. (Pierre Bazile of counsel), for appellant.
Dennis M. Cohen, County Attorney, Central Islip, N.Y. (Steven Nacht of counsel), for respondent.
Susan Selanikio Linder, West Islip, NY, attorney for the child.
ALAN D. SCHEINKMAN, P.J., LEONARD B. AUSTIN, ANGELA G. IANNACCI, PAUL WOOTEN, JJ.
DECISION & ORDER In a proceeding pursuant to Family Court Act article 10, the mother appeals from an order of fact-finding and disposition of the Supreme Court, Suffolk County (Chris Ann Kelley, J.), dated May 23, 2019. The order of fact-finding and disposition, insofar as appealed from, upon an order of the same court dated April 22, 2019, made after fact-finding and dispositional hearings, found that the mother neglected the subject child.
ORDERED that on the Court's own motion, the notice of appeal from the order dated April 22, 2019, is deemed to be a premature notice of appeal from the order of fact-finding and disposition (see CPLR 5520[c] ); and it is further,
ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.
The determination that the mother neglected the subject 16–year–old child, which was based on the mother changing the locks to the home to prevent the child from coming home and on the mother's failure to plan for the child, was supported by a preponderance of the evidence presented at the fact-finding hearing (see Family Ct Act § 1012[f][i][B] ; Matter of Jacklynn BB. [Donna CC.], 155 A.D.3d 1363, 64 N.Y.S.3d 782 ; Matter of Safiyah T. [Tommie D.T.], 133 A.D.3d 678, 18 N.Y.S.3d 878 ; Matter of Amondie T. [Karen S.], 107 A.D.3d 498, 968 N.Y.S.2d 20 ; Matter of Debraun M., 34 A.D.3d 587, 826 N.Y.S.2d 76 ).
The mother's remaining contentions are without merit.
SCHEINKMAN, P.J., AUSTIN, IANNACCI and WOOTEN, JJ., concur.