Appellate Division of the Supreme Court of New York, 2003

In re Ziaire M.

Appellate Division of the Supreme Court of New York · Decided October 27, 2003

309 A.D.2d 938; 766 N.Y.S.2d 98

Cases that cite this one

7 later published cases cite this decision.

In re MN (NYC Family Court 2007)
Matter of MN (Monroe Family Court 2007)
In re Anthony A. Suffolk County Department of Social Services (Appellate Division of the Supreme Court of New York 2016)
In re Latrell S. (Appellate Division of the Supreme Court of New York 2011)
In re Gregory S. (Appellate Division of the Supreme Court of New York 2007)
In re Kayla M. (Appellate Division of the Supreme Court of New York 2005)
In re Sanel V. (Appellate Division of the Supreme Court of New York 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In a child protective proceeding pursuant to Family Court Act article 10, the mother appeals from an order of disposition of the Family Court, Queens County (Hunt, J.), dated September 10, 2001, which, upon a fact-finding order of the same court dated July 16, 2001, made after a hearing, finding that she had neglected the subject child, suspended judgment and paroled the child to the custody of the maternal grandparents for a period of up to 12 months under the petitioner’s supervision. The appeal brings up for review the fact-finding order dated July 16, 2001.

Ordered that the appeal from so much of the order of disposition as paroled the child to the custody of the maternal grandparents for a period of up to 12 months under the petitioner’s supervision is dismissed as academic, without costs or disbursements, as that portion of the order has expired by its own terms; and it is further,

Ordered that the order of disposition is affirmed insofar as reviewed, without costs or disbursements.

The appeal from so much of the order of disposition as paroled the child to the custody of the maternal grandparents *939for a period of up to 12 months must be dismissed as academic because that portion of the order has expired by its own terms. However, the adjudication of neglect has not been rendered academic (see Matter of Francis S., 296 AD2d 507 [2002]).

The Family Court’s finding of neglect was supported by evidence of the child’s positive toxicology for marihuana at birth and the mother’s repeated and habitual use of marihuana and her failure to participate in a drug rehabilitation program (see Matter of Nassau County Dept. of Social Servs. [Dante M.] v Denise J., 87 NY2d 73; Matter of Sharonda S., 301 AD2d 532, 534 [2003]; Matter of Sidney S., 292 AD2d 534 [2002]).

The mother’s remaining contentions are without merit. Altman, J.P., Florio, Friedmann and Mastro, JJ., concur.

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