In re Ndeye D.
Cases that cite this one
43 later published cases cite this decision. The 25 that cite it most often are listed here.
- Matter of Tarelle J. (Walter J.) (Appellate Division of the Supreme Court of New York 2017)
- Matter of Tayleese M. C. (Tunisha H.) (Appellate Division of the Supreme Court of New York 2015)
- Matter of Cheryale B. (Michelle B.) (Appellate Division of the Supreme Court of New York 2014)
- In re Trenasia J. (Appellate Division of the Supreme Court of New York 2013)
- In re Trenasia J. (Appellate Division of the Supreme Court of New York 2013)
- In re Joshua P. (Appellate Division of the Supreme Court of New York 2013)
- In re Joshua P. (Appellate Division of the Supreme Court of New York 2013)
- Matter of Abdul R. (Abdul G.) (Appellate Division of the Supreme Court of New York 2024)
- Matter of Vincent C. ( (Vincent C.) (Appellate Division of the Supreme Court of New York 2020)
- Matter of Ava A. (Steven A.) (Appellate Division of the Supreme Court of New York 2020)
- Matter of Eternity S. (Vanessa P.) (Appellate Division of the Supreme Court of New York 2020)
- Matter of Kamryn C. (Pedro M.) (Appellate Division of the Supreme Court of New York 2019)
- Matter of Aliyah T. (Jaivon T.) (Appellate Division of the Supreme Court of New York 2019)
- Matter of Maurice M. (Suzanne H.) (Appellate Division of the Supreme Court of New York 2018)
- Matter of Symphani F. G. (Otis G.) (Appellate Division of the Supreme Court of New York 2018)
- Matter of Paul M. (Tina H.) (Appellate Division of the Supreme Court of New York 2017)
- In re Desiree P. Administration for Children's Services (Appellate Division of the Supreme Court of New York 2017)
- In re Morgene R. Administration for Children's Services (Appellate Division of the Supreme Court of New York 2016)
- Matter of Briana A.-C. (Edward A.-M.) (Appellate Division of the Supreme Court of New York 2015)
- Matter of Justin R. (Gilbert R.) (Appellate Division of the Supreme Court of New York 2015)
- Matter of Devyn B. (Duncan B.-R.) (Appellate Division of the Supreme Court of New York 2015)
- Matter of Matthew G. (Miguel G.) (Appellate Division of the Supreme Court of New York 2015)
- Matter of Kaleb B. (Harold S.) (Appellate Division of the Supreme Court of New York 2014)
- Matter of Linda F. (Jose F.) (Appellate Division of the Supreme Court of New York 2014)
- Matter of Tamara D. (Randolph P.) (Appellate Division of the Supreme Court of New York 2014)
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 neglect proceeding pursuant to Family Court Act article 10, the father appeals (1) as limited by his brief, from so
Ordered that the appeal from the fact-finding order is dismissed, without costs or disbursements, as the fact-finding order was superseded by the order of disposition; and it is further,
Ordered that the appeal from so much of the order of disposition as placed the father under the petitioner’s supervision for a period of six months is dismissed as academic, without costs or disbursements; 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 placed the appellant under the supervision of the petitioner for a period of six months must be dismissed as academic, as that portion of the order has expired by its own terms (see Matter of Amber C., 38 AD3d 538, 539 [2007]; Matter of Daqwuan G., 29 AD3d 694, 695 [2006]; Matter of Dareth O., 304 AD2d 667, 668 [2003]). However, since the adjudication of neglect “constitutes a permanent and significant stigma that might indirectly affect the appellant’s status in future proceedings,” the appeal from the order of disposition, which brings up for review the finding of neglect, is not academic (Matter of Daqwuan G., 29 AD3d at 695; see Matter of Kevin M.H. [Kenneth H.], 76 AD3d 1015 [2010]; Matter of Albert Francis B., 66 AD3d 769 [2009]; Matter of Brian R., 48 AD3d 576 [2008]).
At a fact-finding hearing in an abuse and/or neglect proceeding pursuant to Family Court Act article 10, a petitioner has the burden of establishing, by a preponderance of the evidence, that the subject child has been abused and/or neglected (see Family Ct Act § 1046 [b] [i]; Matter of Isaac J. [Joyce J.], 75 AD3d 506 [2010]; Matter of Tammie Z., 66 NY2d 1 [1985]). Here, the evidence adduced at the hearing established that the father, while holding the subject child, who was then less than two years old, hit, shoved, and screamed at the mother. The evidence further indicated that the father had previously committed acts of domestic violence against the mother, including slapping her, and that some of those incidents — like the subject incident — occurred in the presence of the child. Although an isolated incident of domestic violence outside the presence of a child is insuf
Case-law data current through December 31, 2025. Source: CourtListener bulk data.