In re Mary MM.
Opinion of the Court
Appeal from an order of the Family Court of Broome County (Pines, J.), entered March 1, 2006, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 10, to adjudicate respondent’s child to be neglected.
Respondent is the biological mother of Mary MM. (born in 1998). Prior to relocating to Broome County, respondent and the child resided in Illinois, where Mary apparently had been sexually abused by a 13-year-old boy. On June 13, 2005, petitioner received a report alleging that respondent was allowing Mary to be in the presence of a convicted sex offender. Upon arriving at respondent’s residence, petitioner’s caseworker, Sheila Stanbro, found Kenny HH., who recently had been convicted by plea of sexual abuse in the first degree and was awaiting sentencing as a second felony offender, present on the property. According to respondent, Kenny was there only to drop off and store some furniture at her apartment before beginning his prison sentence. Stanbro advised respondent of Kenny’s recent conviction and warned respondent that Kenny could not continue to be around Mary. Although Stanbro initially believed that Kenny vacated the premises, she discovered him there a few days later when she again made an unannounced home visit. Following this visit, respondent executed a voluntary surrender and Mary was placed in petitioner’s custody.
Petitioner thereafter commenced this proceeding alleging that Kenny sexually abused Mary and that respondent neglected the child by, among other things, allowing her to be in the presence of known sex offenders. Following a hearing, Family Court dismissed the petition against Kenny but sustained the allegations of neglect as to respondent, finding that she knew that Kenny was a convicted sex offender but nonetheless allowed him to remain in her home. At the conclusion of the ensuing dispositional hearing, Family Court continued Mary’s placement in petitioner’s custody and ordered respondent to participate in various services. This appeal ensued.
As a final matter, assuming that the propriety of Family Court’s disposition is properly before us,
Mugglin, Rose, Lahtinen and Kane, JJ., concur. Ordered that the order is affirmed, without costs.
It appears that a subsequent dispositional order, from which no appeal has been taken, was entered in August 2006.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.