In re Alisha S.

2024 NY Slip Op 00318

In the Matter of Alisha S. (Anonymous). Orange County Department of Social Services, respondent; Carine S.-K. (Anonymous), appellant. (Proceeding No. 1.) In the Matter of Matthew S. (Anonymous). Orange County Department of Social Services, respondent; Carine S.-K. (Anonymous), appellant. (Proceeding No. 2.) In the Matter of Stephen S. (Anonymous). Orange County Department of Social Services, respondent; Carine S.-K. (Anonymous), appellant. (Proceeding No. 3.)

Nos. 2022-09694, 2023-00226, Docket Nos. N-48-2021, N-50-2021

Supreme Court of New York, Second Department

January 24, 2024

Alex Smith, Middletown, NY, for appellant.

Richard B. Golden, County Attorney, Goshen, NY (Linda P DaSilva of counsel), for respondent.

Gary E. Eisenberg, New City, NY, attorney for the child Alisha S.

HECTOR D. LASALLE, P.J. CHERYL E. CHAMBERS LINDA CHRISTOPHER JANICE A. TAYLOR, JJ.

DECISION & ORDER

Robert M. Rametta, Goshen, NY, attorney for the child Stephen S. In related proceedings pursuant to Family Court Act article 10 the mother appeals from (1) an order of disposition of the Family Court, Orange County (Victoria B. Campbell, J.), dated September 12, 2022, and (2) a corrected order of disposition of the same court dated November 28, 2022. The corrected order of disposition, upon an order of fact-finding of the same court dated May 26, 2022, made after a fact-finding hearing, finding that the mother neglected the subject children, and after a dispositional hearing, inter alia placed the mother and the child Alisha S. under the supervision of the Orange County Department of Social Services for a period of 12 months and continued the placement of the child Alisha S. in the custody of the Commissioner of Social Services of Orange County until the completion of the next permanency hearing.

ORDERED that the appeal from the order of disposition is dismissed, without costs or disbursements, as that order was superseded by the corrected order of disposition; and it is further, ORDERED that the appeal from so much of the corrected order of disposition as placed the mother and the child Alisha S. under the supervision of the Orange County Department of Social Services for a period of 12 months and continued the placement of the child Alisha S. in the custody of the Commissioner of Social Services of Orange County until the completion of the next permanency hearing is dismissed as academic, without costs or disbursements; and it is further, ORDERED that the corrected order of disposition is affirmed insofar as reviewed, without costs or disbursements.

In January 2021, the petitioner removed the subject children from the father's care and, inter alia, commenced these proceedings pursuant to Family Court Act article 10 against the mother, alleging that she neglected the children by failing to provide them with proper supervision and guardianship. According to the petition, the mother knew or should have known that the children were living in unsanitary conditions, were not having their medical or mental health needs met, were not attending school regularly, and were exposed to violence. The father consented to the entry of a finding of neglect against him.

After a fact-finding hearing, the Family Court found that the mother neglected the children. Following a dispositional hearing the court issued a corrected order of disposition dated November 28, 2022, which, among other things, placed the mother and the child Alisha S. under the supervision of the ...