Appellate Division of the Supreme Court of New York, 1996

In re the McM. Children

In re the McM. Children
Appellate Division of the Supreme Court of New York · Decided December 3, 1996
234 A.D.2d 5; 650 N.Y.S.2d 552; 1996 N.Y. App. Div. LEXIS 12269
In re the McM. Children

Opinion of the Court

—Orders of disposition, Family Court, Bronx County (Marjory Fields, J.), entered April 13, 1995, placing the five subject children with the Commissioner of Social Services for 12 months, following a fact-finding determination that respondent had neglected the children, unanimously affirmed, without costs.

A preponderance of the evidence demonstrates that respondent, presently incarcerated for sexual and physical abuse of the children, had abandoned the children under Social Services Law § 384-b (5) by failing to write to them for over a year although able to do so, and thereby had neglected them under Family Court Act § 1012 (f) (ii) (see, Matter of Shaniqua L., 193 AD2d 370). Concur—Murphy, P. J., Sullivan, Ellerin, Nardelli and Mazzarelli, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.