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Nassau Cnty. Dep't of Soc. Servs. v. Emma F.-G. (In re Max F.)

Supreme Court, Appellate Division, Second Department, New York.
Jul 25, 2012
949 N.Y.S.2d 107 (N.Y. App. Div. 2012)

Opinion

2012-07-25

In the Matter of MAX F. (Anonymous), Jr. Nassau County Department of Social Services, respondent; Emma F.-G. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Andrea L.H. (Anonymous). Nassau County Department of Social Services, respondent; Emma F. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Elijah–Khalil H. (Anonymous). Nassau County Department of Social Services, respondent; Emma F. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Kai Ariyian H. (Anonymous). Nassau County Department of Social Services, respondent; Emma F. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Kennard C.R. (Anonymous), Jr. Nassau County Department of Social Services, respondent; Emma F. (Anonymous), appellant. (Proceeding No. 5).

Arza Feldman, Uniondale, N.Y. (Steven A. Feldman of counsel), for appellant. John Ciampoli, County Attorney, Mineola, N.Y. (Robert F. Van der Wagg of counsel), for respondent.



Arza Feldman, Uniondale, N.Y. (Steven A. Feldman of counsel), for appellant. John Ciampoli, County Attorney, Mineola, N.Y. (Robert F. Van der Wagg of counsel), for respondent.
Amy L. Colvin, Huntington, N.Y., attorney for the child Max F. (no brief filed).

Tomasina Mastroianni, Westbury, N.Y., attorney for the children Andrea L. H., Elijah–Khalil H., Kai Ariyian H., and Kennard C. R., Jr. (no brief filed).

WILLIAM F. MASTRO, A.P.J., PETER B. SKELOS, ANITA R. FLORIO and L. PRISCILLA HALL, JJ.

In five related child protective proceedings pursuant to Family Court Act article 10, Emma F. G., also known as Emma F., appeals from (1) an order of fact-finding and disposition of the Family Court, Nassau County (Dane, J.), dated July 20, 2010, which, after fact-finding and dispositional hearings, inter alia, found that she had neglected the child Max F., Jr., (2) an order of fact-finding and disposition of the same court, also dated July 20, 2010, which, after the fact-finding and dispositional hearings, inter alia, found that she had neglected the children Andrea L. H., Elijah–Khalil H., Kai Ariyian H., and Kennard C. R., Jr., and (3) two orders of protection of the same court, also dated July 20, 2010.

ORDERED that the orders of fact-finding and disposition are affirmed, without costs or disbursements; and it is further,

ORDERED that the appeals from the orders of protection are dismissed as academic, without costs or disbursements.

Contrary to the appellant's contention, the Family Court's determination that she neglected the subject children is supported by a preponderance of the evidence ( seeFamily Ct. Act § 1012[f][i][A]; Matter of Albert Francis B., 66 A.D.3d 769, 887 N.Y.S.2d 201).

The orders of protection expired by their own terms on July 19, 2011, and the determination of the appeals from those orders would, under the facts of this case, have no direct effect upon the parties ( see Matter of Brittany C. [ Linda C.], 67 A.D.3d 788, 891 N.Y.S.2d 80;Matter of Edelyn S., 62 A.D.3d 713, 713–714, 877 N.Y.S.2d 900). Accordingly, the appeals from the orders of protection must be dismissed as academic.

The appellant's remaining contentions are without merit.


Summaries of

Nassau Cnty. Dep't of Soc. Servs. v. Emma F.-G. (In re Max F.)

Supreme Court, Appellate Division, Second Department, New York.
Jul 25, 2012
949 N.Y.S.2d 107 (N.Y. App. Div. 2012)
Case details for

Nassau Cnty. Dep't of Soc. Servs. v. Emma F.-G. (In re Max F.)

Case Details

Full title:In the Matter of MAX F. (Anonymous), Jr. Nassau County Department of…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Jul 25, 2012

Citations

949 N.Y.S.2d 107 (N.Y. App. Div. 2012)
97 A.D.3d 816
2012 N.Y. Slip Op. 5741

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