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Case No. 2016 NY Slip Op 02654
Regular Panel Decision
Apr 06, 2016

Matter of Dayannie I. M. (Roger I. M.)

The Appellate Division, Second Department, affirmed a Family Court order which found Roger I.M. abused and neglected his daughter, Eyllen I.M., and derivatively abused his other children: Dayannie I.M., Hillary I.M., Keyri I.M., and Jackzenny I.M. The court found that the Suffolk County Department of Social Services presented sufficient evidence, including Eyllen's consistent out-of-court statements, expert testimony, and Roger I.M.'s written confession of sexual abuse. The Appellate Division upheld the Family Court's credibility assessment, rejecting the appellant's and the children's mother's disputes. The court also affirmed the derivative abuse findings for the other children, noting that a child's recantation does not necessarily invalidate prior abuse allegations, especially when pressured or if there is expert testimony indicating a false recantation.

Child AbuseChild NeglectFamily LawAppellate ReviewSexual AbuseCredibilityRecantationExpert TestimonyParental RightsSuffolk County Family Court
References
26
Case No. MISSING
Regular Panel Decision

S.M. v. M.M.-M.

This case involves a matrimonial action between S.M. (plaintiff) and M.M-M. (defendant) concerning pendente lite relief, child support, maintenance, and the equitable distribution of marital assets, specifically the transfer of the husband's business (EA & D) to his daughter. The court granted the wife's request for the husband to continue paying all costs associated with maintaining the marital residence and awarded her $1,290 per month in temporary child support, retroactive to July 30, 2015. However, the court denied the wife's motion to determine if the transfer of EA & D was improper, reserving the issue for trial due to a factual dispute over the husband's intent. The court also denied the request for a forensic evaluation of EA & D and M. Studios, stating it lacked jurisdiction over the transferred business and that M. Studios had no assets to value. The court noted that if the transfer is later found improper, the wife could be awarded a greater share of remaining marital property.

divorce proceedingstemporary maintenancechild support awardmarital property disputebusiness asset transferequitable distribution factorsforensic accounting denialmatrimonial lawNew York Supreme Courtpendente lite relief
References
12
Case No. MISSING
Regular Panel Decision
Oct 31, 2007

M.M. ex rel. A.M. v. New York City Department of Education Region 9

Parents M.M. and H.M. sought a modified de novo review of administrative decisions concerning their autistic daughter A.M.'s Individualized Education Plan (IEP) for the 2005-2006 school year, provided by the New York City Department of Education (DOE). They alleged procedural and substantive violations of the Individuals with Disabilities Education Act (IDEA), claiming the IEP was inadequate and requesting tuition reimbursement for their unilateral private school placement. The Impartial Hearing Officer and State Review Officer had previously found the DOE's IEP appropriate and denied reimbursement. The District Court affirmed these administrative decisions, concluding that the DOE offered a Free Appropriate Public Education (FAPE) to A.M. and that the IDEA's pendency provision did not entitle the student to continued early intervention services during the dispute. Consequently, the plaintiffs' motion for reversal was denied, and the DOE's cross-motion for summary judgment was granted.

Individuals with Disabilities Education ActFree Appropriate Public EducationIndividualized Education PlanEarly Intervention ServicesSpecial EducationAutismDue ProcessTuition ReimbursementSummary JudgmentDe Novo Review
References
29
Case No. 2017 NY Slip Op 08418 [155 AD3d 1466]
Regular Panel Decision
Nov 30, 2017

Matter of Natalee M. (Nathan M.)

The Broome County Department of Social Services initiated a neglect proceeding against Nathan M. (father) and Susan N. (mother) concerning their child, Natalee M. The mother tested positive for methamphetamine at birth and denied her pregnancy, failing to secure prenatal care and medical consent. Both parents were found to have failed in providing a safe home environment, as their residence was undergoing extensive renovations. Family Court adjudicated the child neglected by both parents. The Appellate Division, Third Department, affirmed the neglect findings against both parents and dismissed the mother's appeal from the dispositional order, noting her consent to its terms.

Child NeglectParental NeglectFamily Court Act Article 10Drug AbuseUnsuitable Home EnvironmentParental ResponsibilitiesPreponderance of EvidenceAppellate DivisionAffirmation of NeglectDismissed Appeal
References
12
Case No. 2021 NY Slip Op 01050 [191 AD3d 884]
Regular Panel Decision
Feb 17, 2021

Matter of Faith A. M. (Faith M.)

The mother, Faith M., appealed an order from the Family Court, Kings County, which found her to have derivatively neglected her child, Faith A.M. This finding stemmed from a prior neglect determination in May 2014 concerning her other children due to excessive corporal punishment, which the court deemed proximate in time to the current proceeding. The evidence presented, including statements from siblings, testimony from a school counselor, and observations of injuries, corroborated the ongoing use of excessive corporal punishment. The Family Court's assessment of the mother's credibility, finding her denials incredible, was supported by the record, reinforced by her guilty plea to disorderly conduct related to similar allegations. The Appellate Division affirmed the Family Court's order, as the mother failed to provide evidence that the circumstances leading to the neglect finding no longer existed.

Child NeglectDerivative NeglectCorporal PunishmentFamily Court ActAppellate ReviewParental JudgmentPreponderance of EvidenceCredibilityPrior FindingsRisk of Harm
References
11
Case No. 2023 NY Slip Op 01361
Regular Panel Decision
Mar 16, 2023

Matter of Madeline M. (Dallas M.)

The Appellate Division, First Department, unanimously affirmed the Family Court's finding that the mother, Dallas M., neglected her child, Madeline M. The decision was based on a preponderance of the evidence showing the mother suffers from untreated mental illness, including bipolar disorder, with a history of psychiatric hospitalizations and a failure to comply with mental health treatment recommendations. The court found her continued lack of insight into her condition impaired her ability to care for the child, posing an imminent risk of harm. A negative inference was drawn against the mother for her failure to testify at the hearing.

Child NeglectParental Mental IllnessBipolar DisorderAppellate ReviewFamily Court DecisionPreponderance of EvidenceNegative InferenceParental FitnessRisk of Harm to ChildChild Welfare
References
4
Case No. 2024 NY Slip Op 02348
Regular Panel Decision
May 02, 2024

Matter of Drey L. (Katrina M.)

This case involves an appeal by Katrina M. from a Family Court order that adjudicated her children to be permanently neglected and terminated her parental rights. The St. Lawrence County Department of Social Services filed the petition in March 2021, after the children were removed from respondent's care in November 2017. The Appellate Division affirmed the Family Court's decision, finding that the Department of Social Services made diligent efforts to strengthen the parental relationship and that respondent failed to adequately plan for the children's future. The court noted respondent's inconsistent engagement with services, missed visits, and inadequate proposed living arrangements for her children. Ultimately, the Appellate Division concluded that terminating parental rights, rather than issuing a suspended judgment, was in the children's best interests given the duration of their time in care and respondent's limited actions toward reunification.

Parental rights terminationPermanent neglectDiligent effortsFamily Court appealChild welfareSubstance abuseMental healthParental reunificationBest interests of childSocial Services Law
References
10
Case No. MISSING
Regular Panel Decision
Oct 23, 2003

Sean M. v. City of New York

This case involves siblings Deborah and Sean M., who sued the City of New York and Louise Wise Services (LWS) for injuries sustained while in foster care. The plaintiffs alleged the defendants were negligent in investigating abuse complaints from their biological home and in supervising foster homes. The court affirmed that defendants are immune from liability regarding the initial placement into foster care and the investigation of abuse in the biological home, dismissing the first two causes of action. However, the court found that defendants are not immune from liability for negligent supervision of foster parents, allowing the third and fourth causes of action concerning abuse within foster homes to proceed to trial. The decision emphasizes the distinction between discretionary duties (initial placement, investigation) and the ongoing duty to provide a safe environment and supervise foster care.

Child Protective ServicesFoster Care NegligenceGovernmental ImmunityStatutory ImmunityNegligent SupervisionChild AbuseSexual AbuseMedical NeglectFoster Parent LiabilityFamily Court Proceedings
References
36
Case No. MISSING
Regular Panel Decision
Jul 29, 2020

Matter of Mateo M. Q. (Jessica Q.)

The Suffolk County Department of Social Services initiated proceedings to terminate Jessica Q.'s parental rights over her child, Mateo M.Q., alleging permanent neglect. The child was placed in foster care at birth after both mother and child tested positive for amphetamines and marijuana. Despite diligent efforts by DSS to provide counseling, facilitate visits, and offer service referrals, the mother failed to complete mandated substance abuse programs due to attendance issues and positive toxicology results. The Family Court found permanent neglect, terminated parental rights, and awarded guardianship to DSS for adoption. The Appellate Division, Second Department, affirmed this decision, concluding that the termination was in the child's best interests.

Parental Rights TerminationPermanent NeglectSocial Services LawFamily CourtSubstance AbuseFoster CareChild WelfareAppellate DivisionSuffolk CountyAdoption
References
6
Case No. MISSING
Regular Panel Decision

Holmes v. K & M Jewelry, Inc.

Nora Holmes, a retail sales clerk for Gimbels, Inc., sustained personal injuries when a display case owned by K & M Jewelry, Inc., fell. She received workers' compensation benefits from Gimbels and subsequently attempted to sue K & M Jewelry, Inc., for negligence. The core issue in this appeal was the validity of service of the summons and complaint upon K & M Jewelry, Inc. A special referee initially upheld the service, and the Supreme Court confirmed this report. However, the appellate court unanimously reversed the Supreme Court's order, denying the plaintiff's motion and granting the defendant's cross-motion, finding that K & M Jewelry, Inc. was not properly served as the recipient, a 'Mrs. Kahn,' was not an authorized agent of the corporate defendant.

Service of ProcessCorporate ServicePersonal InjuryNegligenceWorkers' CompensationAppellate ReviewAgencyAuthorized AgentSummons and ComplaintJurisdiction
References
0
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