Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: ISSIAH C. (Anonymous). Suffolk County Department of Social Services, respondent; Michael L. (Anonymous), appellant.
In a child protective proceeding pursuant to Family Court Act article 10, the father appeals from an order of fact-finding and disposition of the Family Court, Suffolk County (Spinner, J.), dated June 25, 2004, which, after a hearing, determined that he neglected the subject child Issiah C., and placed that child in the custody of his maternal grandfather, with supervision by the petitioner until December 24, 2004.
ORDERED that the appeal from so much of the order of fact-finding and disposition as placed the subject child Issiah C. in the custody of his maternal grandfather, with supervision by the petitioner until December 24, 2004, is dismissed as academic, without costs or disbursements, as the period of placement has expired (see Matter of Sheneika V., 20 A.D.3d 541, 542, 800 N.Y.S.2d 424; Matter of Zakrya M., 18 A.D.3d 754, 795 N.Y.S.2d 683); and it is further,
ORDERED that the order of fact-finding and disposition is affirmed insofar as reviewed, without costs or disbursements.
Although the dispositional provision of the order of fact-finding and disposition has expired, the adjudication of neglect constitutes a permanent and significant stigma. Moreover, the finding of neglect might indirectly affect the appellant's status in potential future proceedings. Therefore, the appeal from so much of the order of fact-finding and disposition as found that the subject child Issiah C. was neglected is not academic (see Matter of Commissioner of Social Servs. [Vincent D.] v. Vincent D. II, 232 A.D.2d 410, 411, 648 N.Y.S.2d 161; Matter of H. Children [Sheila H.], 156 A.D.2d 520, 548 N.Y.S.2d 586).
Contrary to the appellant's contention, the finding that Issiah C. was neglected based on the appellant's drug use was supported by a preponderance of the evidence (see Matter of Nassau County Dept. of Social Servs. [Dante M.] v. Denise J., 206 A.D.2d 372, 614 N.Y.S.2d 423, affd. 87 N.Y.2d 73, 637 N.Y.S.2d 666, 661 N.E.2d 138).
The appellant's remaining contention is without merit.
Thank you for your feedback!
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.
Decided: December 05, 2005
Court: Supreme Court, Appellate Division, Second Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)