| Matter of Justin P. |
| 2008 NY Slip Op 03223 [50 AD3d 802] |
| April 8, 2008 |
| Appellate Division, Second Department |
| In the Matter of Justin P., a Child Alleged to be Neglected.Administration for Children's Services, Respondent; Nelinda M., Appellant. (Proceeding No. 1.)In the Matter of Noel David M., a Child Alleged to be Neglected. Administration for Children'sServices, Respondent; Nelinda M., Appellant. (Proceeding No. 2.) In the Matter of Anastasia P.,a Child Alleged to be Neglected. Administration for Children's Services, Respondent; NelindaM., Appellant. (Proceeding No. 3.) In the Matter of Natalie P., a Child Alleged to be Neglected.Administration for Children's Services, Respondent; Nelinda M., Appellant. (Proceeding No. 4.)In the Matter of Rogelia M., a Child Alleged to be Neglected. Administration for Children'sServices, Respondent; Nelinda M., Appellant. (Proceeding No. 5.) In the Matter of Sheila M. B.,a Child Alleged to be Abused and Neglected. Administration for Children's Services,Respondent; Nelinda M., Appellant. (Proceeding No. 6.) |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Barry P. Schwartz and JulieSteiner of counsel), for respondent. Steven Banks, New York, N.Y. (Tamara A. Steckler and Mitchell Katz of counsel), attorneyfor the children.
In six related child protective proceedings pursuant to Family Court Act article 10, themother appeals from three orders of disposition of the Family Court, Kings County (Hamill, J.),two dated March 27, 2007, and one dated March 28, 2007, which, upon an order of the samecourt dated May 17, 2006, granting the petitioner's motion for summary judgment finding thatshe abused and neglected the child Sheila M. B., and derivatively neglected the childrenAnastasia P., Justin P., Natalie P., Rogelia M., and Noel David M., and upon a fact-finding orderof the same court also dated May 17, 2006, placed the children Anastasia P., Natalie P., andRogelia M. in the custody of the petitioner, placed the child Sheila M. B. in the custody of herfather, and released the children Justin P. and Noel David M. to her custody under the petitioner'ssupervision.
Ordered that the orders of disposition are affirmed, without costs or disbursements.
Contrary to the mother's contention, the Family Court properly granted the motion of thepetitioner, Administration for Children's Services (hereinafter ACS), for summary judgment. Insupport of its motion, ACS tendered the sworn testimony of the mother at a hearing heldpursuant to Family Court Act § 1028 (hereinafter the 1028 hearing) (see Matter of Christopher Anthony M.,46 AD3d 896, 897 [2007]), and a medical examiner's report of the autopsy of a siblingof the subject children. Through these submissions, ACS made a prima facie showing that themother had abused the child Sheila M. B. (see Family Ct Act § 1012 [e] [ii]; Matter of Devina S., 24 AD3d188, 189 [2005]), neglected Sheila M. B. (see Family Ct Act § 1012 [f] [i][B]; Nicholson v Scoppetta, 3 NY3d357, 370 [2004]), and derivatively neglected the children Anastasia P., Justin P., Natalie P.,Rogelia M., and Noel David M. (seeMatter of Amber C., 38 AD3d 538, 540-541 [2007]; Matter of Alexis C., 27 AD3d 646, 648 [2006]; Matter of Ramsay M., 17 AD3d678, 679 [2005]). In opposition, the mother's submissions failed to demonstrate theexistence of a triable issue of fact. Accordingly, the Family Court properly granted ACS's motionfor summary judgment (see Matter of Suffolk County Dept. of Social Servs. v James M.,83 NY2d 178, 182 [1994]; Matter of Christopher Anthony M., 46 AD3d at 899).
Contrary to the mother's contention, the court did not act as an advocate for ACS when itquestioned her at the 1028 hearing (see People v Arnold, 98 NY2d 63, 67 [2002]; People v Nurse, 8 AD3d 301[2004]).
The mother's remaining contentions are without merit. Rivera, J.P., Santucci, Dickerson andBelen, JJ., concur.