In re Jessica DiB.
Cases that cite this one
23 later published cases cite this decision.
- Matter of Kaira K. (Karam S.) (Appellate Division of the Supreme Court of New York 2024)
- In re Fantaysia L. (Appellate Division of the Supreme Court of New York 2007)
- In re Lauren R. (Appellate Division of the Supreme Court of New York 2005)
- In re Erik M. (Appellate Division of the Supreme Court of New York 2005)
- In re Anthony O. (Appellate Division of the Supreme Court of New York 2004)
- Matter of Chloe. P.-M. (Martinique P.) (Appellate Division of the Supreme Court of New York 2023)
- Matter of Stephen L. (Patrick S. L.) (Appellate Division of the Supreme Court of New York 2018)
- Matter of Majesty M. (Brandy P.) (Appellate Division of the Supreme Court of New York 2018)
- Matter of Jasmine G. (Pamela G.) (Appellate Division of the Supreme Court of New York 2017)
- Matter of Milagros A.W. (John R.) (Appellate Division of the Supreme Court of New York 2015)
- Matter of Joyitha M. (Reshmi M.) (Appellate Division of the Supreme Court of New York 2014)
- In re China C. Westchester County Department of Social Services (Appellate Division of the Supreme Court of New York 2014)
- In re China C. Westchester County Department of Social Services (Appellate Division of the Supreme Court of New York 2014)
- In re Alaysha E. (Appellate Division of the Supreme Court of New York 2012)
- In re Mariah C. (Appellate Division of the Supreme Court of New York 2011)
- In re Isaac J. (Appellate Division of the Supreme Court of New York 2010)
- In re Angelique L. (Appellate Division of the Supreme Court of New York 2007)
- In re Bailee M.-B. (Appellate Division of the Supreme Court of New York 2007)
- In re Rakim W. (Appellate Division of the Supreme Court of New York 2005)
- In re Samara M. (Appellate Division of the Supreme Court of New York 2005)
- In re Aminat O. (Appellate Division of the Supreme Court of New York 2005)
- In re Rena M. (Appellate Division of the Supreme Court of New York 2004)
- In re Tracey Ann A. (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 three related child neglect proceedings pursuant to Family Court Act article 10, the mother appeals, as limited by her brief, from so much of an order of fact-finding and disposition of the Family Court, Westchester County (Dickerson, J.), entered April 23, 2002, as, after a hearing, found that the subject children were neglected and continued placement of them with the Westchester County Department of Social Services until May 25, 2002.
Ordered that the appeal from so much of the order of fact-finding and disposition as continued placement of the children with the Westchester County Department of Social Services until May 25, 2002, is dismissed as academic; and it is further,
Ordered that the order of fact-finding and disposition is affirmed insofar as reviewed, without costs or disbursements.
The appeal from so much of the order of fact-finding and disposition as continued placement of the children with the Westchester County Department of Social Services until May 25, 2002, must be dismissed as academic, as the period of placement expired by its own terms on that date (see Matter of Garth S., 309 AD2d 940 [2003], lv denied 1 NY3d 506 [2004]; Matter
Contrary to the mother’s contention, the Family Court’s determination that she neglected her children was supported by a preponderance of the evidence (see Family Ct Act § 1012 [f] [i] [A]; § 1046 [b] [i]). Where, as here, issues of credibility are presented, the hearing court’s findings must be accorded great deference (see Matter of B. Children, supra; Matter of Commissioner of Social Servs. [Monique W.] v Kim G., 240 AD2d 664, 665 [1997]). The credible evidence adduced at the hearing established that the mother maintained her apartment in a deplorable and unsanitary condition, there was little or no food in the apartment, the plumbing in the bathtub was in a state of disrepair for some time, and the children were unbathed, malodorous, and hungry, and their clothing was dirty. In addition, the oldest child, Jessica, was not appropriately dressed for the cold weather, was habitually late for school, fell asleep during class, complained of lack of sleep, and was not performing up to her potential. Accordingly, the Family Court correctly determined that there was an imminent danger of impairment of the children’s health as a result of the mother’s conduct (see Matter of Nathifa B., 294 AD2d 432 [2002]; Matter of Commissioner of Social Servs. [Jessica M.] v Anne F., 225 AD2d 620 [1996]; Matter of Lillian R., 196 AD2d 503 [1993]; Matter of Shane O., 147 AD2d 733 [1989]; Matter of Busch v Margaret B., 109 AD2d 837 [1985]).
The mother’s remaining contentions either are unpreserved for appellate review, academic, or without merit. Santucci, J.P., Krausman, Schmidt and Rivera, JJ, concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.