IN RE: Ja'Vaughn Kiaymonie S. (2017)

Supreme Court, Appellate Division, First Department.

IN RE: Ja'Vaughn Kiaymonie S., A Dependent Child Under Eighteen Years of Age, etc., Nathaniel S., Respondent–Appellant, Administration for Children's Services, Petitioner–Respondent, Antoinette S., Respondent.

2623

Decided: January 03, 2017

Saxe, J.P., Moskowitz, Gische, Kahn, Gesmer, JJ.

Neal D. Futerfas, White Plains, for appellant. Zachary W. Carter, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for respondent.

Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the child.

Order of fact-finding, Family Court, New York County (Clark V. Richardson, J.), entered on or about May 19, 2015, which determined, after a hearing, that respondent father had neglected the subject child, unanimously affirmed, without costs.

Although Family Court should have stated the grounds for its determination (see Family Ct Act § 1051), there is no need to dismiss the petition, because this Court has the authority to state the grounds (see Matter of Poli K., 34 AD3d 354, 355 [1st Dept 2006], lv denied 8 NY3d 809 [2007] ).

Family Court's determination was supported by a preponderance of the evidence showing that the father had neglected the child because he knew or should have known that respondent mother was abusing narcotics while she was pregnant with the child, but failed to take any steps to stop her drug use (see Family Ct Act §§ 1046[b][i]; 1012[f][i][B]; Matter of Ashante M., 19 AD3d 249, 249 [1st Dept 2005]; Matter of Niviya K. [Alfonzo M.], 89 AD3d 1027, 1028 [2d Dept 2011] ).

We have considered the father's remaining contentions and find them unavailing.

CLERK

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network