Appellate Division of the Supreme Court of New York, 2011

In re Kleevuort C.

Appellate Division of the Supreme Court of New York · Decided May 31, 2011

84 A.D.3d 1371; 925 N.Y.S.2d 119

Cases that cite this one

18 later published cases cite this decision.

Matter of Jasmine F.R. (Nizardo R.) (Appellate Division of the Supreme Court of New York 2025)
Matter of Lea E.P. (Jason J.P.) (Appellate Division of the Supreme Court of New York 2019)
Matter of Alonso v. Perdue (Appellate Division of the Supreme Court of New York 2018)
Matter of Bagot v. McClain (Appellate Division of the Supreme Court of New York 2017)
Matter of Julia N.-R. (Maria R.) (Appellate Division of the Supreme Court of New York 2017)
Matter of E.D. v. D.T. (Appellate Division of the Supreme Court of New York 2017)
Matter of Angela H. F. (Appellate Division of the Supreme Court of New York 2017)
E.D. v. D.T. (Appellate Division of the Supreme Court of New York 2017)
E.D. v. D.T. (Appellate Division of the Supreme Court of New York 2017)
E.D. v. D.T. (Appellate Division of the Supreme Court of New York 2017)
In re Z'naya D.J. (Appellate Division of the Supreme Court of New York 2016)
In re Z'naya D.J. (Appellate Division of the Supreme Court of New York 2016)
In re Yecllyne P.-H. (Appellate Division of the Supreme Court of New York 2014)
In re Yecllyne P.-H. (Appellate Division of the Supreme Court of New York 2014)
In re Alex A.E. (Appellate Division of the Supreme Court of New York 2013)
In re Alex A.E. (Appellate Division of the Supreme Court of New York 2013)
In re Monique M. (Appellate Division of the Supreme Court of New York 2013)
In re Monique M. (Appellate Division of the Supreme Court of New York 2013)

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 two related 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, Kings County (Danoff, J), dated May 18, 2010, as, after a fact-finding hearing, found that she neglected the subject children and placed them in the custody of the Commissioner of Social Services of Kings County until the completion of the next permanency hearing.

Ordered that the order is modified, on the law, by deleting the provision thereof placing the subject children in the custody of the Commissioner of Social Services of Kings County; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Family Court, Kings County, for a dispositional hearing and a new disposition thereafter.

The findings of neglect as to the subject children were supported by a preponderance of the evidence (see Family Ct Act § 1012 [f] [i] [B]; § 1046 [a] [i]). The mother’s contention that the Family Court deprived her of due process by limiting her testimony as to the skin condition of one of the children is unpreserved for appellate review, as it was not raised before the Family Court (see Matter of Damian M., 41 AD3d 600 [2007]), and, in any event, is without merit.

Since a fact-finding hearing was held, under the circumstances, the mother’s claim that the Family Court erred by refusing to hold a hearing under Family Court Act § 1028 (see Matter of Cory M., 307 AD2d 1035, 1036 [2003]) is academic (see *1372Matter of Kristina R., 21 AD3d 560, 562-563 [2005]; Matter of Eddie J., 273 AD2d 239 [2000]; cf. Matter of Lucinda R., 85 AD3d 78 [2011]). The Family Court erred, however, in not conducting a dispositional hearing, and, therefore, as the mother, the Attorney for the Children, and the Administration for Children’s Services agree, the matters must be remitted to the Family Court, Kings County, for a dispositional hearing and a new disposition thereafter (see Family Ct Act § 1052 [a]; Matter of Nyomi A.D., 10 AD3d 684, 686 [2004]). Rivera, J.E, Balkin, Lott and Austin, JJ., concur.

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