IN RE: JAIR B. (Anonymous). (2024)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: JAIR B. (Anonymous). Administration for Children's Services, petitioner-respondent; v. Jason B. (Anonymous), appellant, et al., respondent. (Proceeding No. 1)
IN RE: Jaden B. (Anonymous). Administration for Children's Services, petitioner-respondent; v. Jason B. (Anonymous), appellant, et al., respondent. (Proceeding No. 2)

2022–04071

Decided: February 07, 2024

COLLEEN D. DUFFY, J.P., ROBERT J. MILLER, WILLIAM G. FORD, LAURENCE L. LOVE, JJ.

Cheryl Charles–Duval, Brooklyn, NY, for appellant. Sylvia O. Hinds–Radix, Corporation Counsel, New York, NY (Deborah A. Brenner and Eva L. Jerome of counsel), for petitioner-respondent. Helene Bernstein, Brooklyn, NY, attorney for the children.

DECISION & ORDER

In related proceedings pursuant to Family Court Act article 10, Jason B. appeals from an order of disposition of the Family Court, Queens County (Emily Ruben, J.), dated April 26, 2022. The order of disposition, upon an order of fact-finding of the same court dated April 22, 2022, made after a fact-finding hearing, inter alia, finding that Jason B. derivatively abused and neglected the subject children, and after a dispositional hearing, upon the consent of Jason B., released the subject children to the custody of their nonrespondent mother.

ORDERED that the appeal from so much of the order of disposition as, upon the consent of Jason B., released the subject children to the custody of their nonrespondent mother is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the consent of the appealing party (see Matter of Jonathan G., 278 A.D.2d 324, 325); and it is further,

ORDERED that the order of disposition is affirmed insofar as reviewed, without costs or disbursements.

The underlying facts for this appeal can be found in our decision and order on a related appeal decided herewith (Matter of Nyla S. [Anonymous], ––– AD3d –––– [decided herewith]). The Family Court properly found that Jason B. derivatively abused and neglected the children Jair B. and Jaden B. (see generally Matter of Naphtali A. [Winifred A.], 165 AD3d 781, 784).

DUFFY, J.P., MILLER, FORD and LOVE, JJ., concur.

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Out of date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!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law