Admin. for Children's Servs. v. Lucinda J. (In re Jaire C.)

174 A.D.3d 894

107 N.Y.S.3d 435

In the MATTER OF JAIRE C. (Anonymous).

Administration for Children's Services, Respondent;

v.Lucinda J. (Anonymous), Appellant. (Proceeding No. 1)

In the Matter of Jekiah J. (Anonymous).

Administration for Children's Services, Respondent;

v.Lucinda J. (Anonymous), Appellant. (Proceeding No. 2)

2018–03198 (Docket Nos. N–10245–14, N–10246–14)

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

Submitted - June 13, 2019

July 31, 2019

Anthony DeGuerre, Staten Island, NY, for appellant.

Zachary W. Carter, Corporation Counsel, New York, N.Y. (Fay Ng and Elizabeth I. Friedman of counsel), for respondent.

Janet E. Sabel, New York, N.Y. (Dawne A. Mitchell and John A. Newbery of counsel), attorney for the children.

REINALDO E. RIVERA, J.P., LEONARD B. AUSTIN, COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, JJ.

DECISION & ORDER

In related proceedings pursuant to Family Court Act article 10, the mother appeals from an order of fact-finding and disposition of the Family Court, Kings County (Margaret Morgan, J.), dated March 7, 2018. The order, after fact-finding and dispositional hearings, and purportedly upon the mother's consent to the entry of an order of fact-finding without admission pursuant to Family Court Act § 1051(a), found that the mother neglected the subject children and placed the subject children in the custody of the Commissioner of the Administration for Children's Services until the completion of the next permanency hearing.

ORDERED the appeal from so much of the order of fact-finding and disposition as placed the subject children in the custody of the Commissioner of the Administration for Children's Services until the completion of the next permanency hearing is dismissed as academic, without costs or disbursements, as the period of placement has expired; and it is further,

ORDERED that the order of fact-finding and disposition is reversed insofar as reviewed, on the facts, without costs or disbursements, the amended petitions are denied, and the proceedings are dismissed.

The Administration for Children's Services (hereinafter ACS) filed petitions dated April 23, 2014, and amended petitions dated March 10, 2015, alleging, inter alia, that the mother neglected the subject children. After a fact-finding hearing, the Family Court issued a decision on the record, finding that ACS established, by a preponderance of the evidence, that the children were neglected by the mother, and that the mother's testimony had been self-serving and "somewhat incredible."

Thereafter, the Family Court issued an order of fact-finding and disposition dated March 7, 2018, that erroneously recited that the mother consented to the entry of an order of fact-finding without admission pursuant to Family Court Act § 1051(a). The order found that the mother neglected the children and placed the children in the custody of the Commissioner of ACS until the completion of the next permanency hearing on April 17, 2018. The dispositional portion of the order has since expired, and the...