In re Angel P. H.

2024 NY Slip Op 00308

In the Matter of Angel P. H. (Anonymous). Administration for Children's Services, respondent; Angel P. Q. (Anonymous), appellant. (Proceeding No. 1.) In the Matter of Michael P. H. (Anonymous). Administration for Children's Services, respondent; Angel P. Q. (Anonymous), appellant. (Proceeding No. 2.) In the Matter of Alexander H. (Anonymous). Administration for Children's Services, respondent; Angel P. Q. (Anonymous), appellant. (Proceeding No. 3.) In the Matter of Jaden P. Q. (Anonymous). Administration for Children's Services, respondent; Angel G. P. Q. (Anonymous), appellant. (Proceeding No. 4.) In the Matter of Leah P. H. (Anonymous). Administration for Children's Services, respondent; Angel P. Q. (Anonymous), appellant. (Proceeding No. 5.)

Nos. 2022-10602, 2022-10605, Docket Nos. N-13487-21/22A, N-13488-21/22A, N-13489-21/22A, N-13490-21/22A, N-08363-22/22A

Supreme Court of New York, Second Department

January 24, 2024

Center for Family Representation, Inc., New York, NY (Michele Cortese, Emily S. Wall, and Tehra Coles of counsel), for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York, NY (Melanie T West and Amy McCamphill of counsel), for respondent.

Twyla Carter, New York, NY (Dawne A. Mitchell, Judith Stern, and Chanel Smith of counsel), attorney for the children.

FRANCESCA E. CONNOLLY, J.P., ANGELA G. IANNACCI, LARA J GENOVESI, LAURENCE L. LOVE, JJ.

DECISION & ORDER

In related proceedings pursuant to Family Court Act article 10 Angel P. Q. appeals from (1) an order of fact-finding and disposition (one paper) of the Family Court, Queens County (Joan L. Piccirillo, J.), dated December 19, 2022, and (2) an order of commitment of the same court also dated December 19, 2022. The order of fact-finding and disposition found that Angel P. Q. willfully violated a temporary order of protection of the same court dated July 27, 2022, and directed that he be committed to the custody of the New York City Department of Correction for a period of 10 months. The order of commitment committed Angel P. Q. to the custody of the New York City Department of Correction for a period of 10 months.

ORDERED that the appeal from so much of the order of fact-finding and disposition as committed Angel P. Q. to the custody of the New York City Department of Correction for a period of 10 months and the appeal from the order of commitment are dismissed as academic, without costs or disbursements; and it is further, ORDERED that the order of fact-finding and disposition is affirmed insofar as reviewed, without costs or disbursements.

The Administration for Children's Services (hereinafter the agency) commenced a child protective proceeding against Angel P. Q., alleging that in the presence of the five subject children, he engaged in acts of domestic violence against their mother. Angel P. Q. consented to a finding of neglect, the children were released to the mother under agency supervision, and a temporary order of protection was issued in favor of the children and the mother against Angel P. Q. Three months later, the agency brought a petition, alleging that Angel P. Q. violated the temporary order of protection on several occasions. After Angel P. Q. consented to the entry of an order of fact-finding and disposition, without admitting or denying the allegations in the violation petition, the Family Court found that Angel P. Q. willfully violated the temporary order of protection and committed him to the custody of the New York City Department of Correction for a period of 10 months. Angel P. Q. appeals.

The appeal from so much of the order of fact-finding and disposition as committed Angel P. Q. to the custody of the New York City Department of Correction for a period of 10 months and the appeal from the order of commitment must be dismissed as academic, as the period of incarceration has ended (see Matter of Omari J.T., 216 A.D.3d 1102). However, in light of the enduring consequences that could flow from the finding that Angel P. Q. violated the temporary order of protection, the appeal from so much of the order of fact-finding and disposition as determined that Angel P. Q. willfully violated the temporary order of protection is not academic (see Matter of Lobb v Nanetti, 192 A.D.3d 1034).

To incarcerate a party for violation of a court order, the Family Court must find beyond a reasonable doubt that he or she willfully failed to obey an order of the court (see Matter of DiSiena v DeSiena, 167 A.D.3d 1006). Knowingly failing to comply with a court order gives rise to an inference of willfulness (see Gomes v Gomes, 106 A.D.3d 868). To establish that a party had knowledge of the...