IN RE: J.J. (2026)

Order of fact-finding and disposition, Family Court, New York County (Pamela B. Scheininger, J.), entered on or about March 14, 2025, which, upon granting petitioner Administration for Children's Services' motion for summary judgment, found that respondent mother had neglected and derivatively neglected the subject children, unanimously affirmed, without costs.  Appeal from order, same court and Judge, entered on or about December 2, 2024, which granted ACS's motion for summary judgment, unanimously dismissed, without costs, as subsumed in the appeal from the order of fact-finding and disposition.

Summary judgment was properly granted here, as there are no triable issues of fact as to whether the mother neglected the children by behaving aggressively and waving a lighter near the maternal grandmother's oxygen tank in their presence (see Matter of Suffolk County Dept. of Social Servs. v. James M., 83 N.Y.2d 178, 182, 608 N.Y.S.2d 940, 630 N.E.2d 636 [1994];  see also Matter of Tavianna CC. [Maceo CC.], 99 A.D.3d 1132, 1133, 952 N.Y.S.2d 804 [3d Dept. 2012], lv denied 20 N.Y.3d 856, 2013 WL 105356 [2013] ).  ACS also established that the conditions that precipitated the prior neglect findings against the mother still existed at the time it filed the petitions with respect to all three children (see Matter of Jaylhon C. [Candace C.], 170 A.D.3d 999, 1001, 96 N.Y.S.3d 293 [2d Dept. 2019] ).

Family Court's oral decision changing the permanency goal from reunification to adoption is not properly before this Court (see Matter of Juan Alejandro R., 221 A.D.2d 183, 184, 633 N.Y.S.2d 159 [1st Dept. 1995] ).  Even if the court's decision on the record constitutes an appealable permanency order, it is moot due to the issuance of superseding hearing orders (see Matter of Joshua J., 44 N.Y.3d 394, 401, 247 N.Y.S.3d 632, 273 N.E.3d 868 [2025];  Matter of T.R. [Jaquasia G.], 227 A.D.3d 530, 530, 211 N.Y.S.3d 325 [1st Dept. 2024] ).  In any event, there is no basis to disturb Family Court's determination that a permanency goal change is in the children's best interest (see Matter of Mahkayla W. [Raheem W.], 206 A.D.3d 599, 601, 170 N.Y.S.3d 551 [1st Dept. 2022];  see also Matter of Natalia R. [Derek R.], 156 A.D.3d 576, 576, 65 N.Y.S.3d 712 [1st Dept. 2017] ).