F., Mary R., Mtr. of, 144 A.D.3d 1493 (N.Y. App. Div. 2016). · Go Syfert
F., Mary R., Mtr. of, 144 A.D.3d 1493 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
17 citation events (17 in the last 25 years) across 2 distinct courts.
Strongest positive: Matter of Remi R.C.G. (Michael M.) (nyappdiv, 2025-04-02)
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Remi R.C.G. (Michael M.)
N.Y. App. Div. · 2025 · confidence medium
The appellant's contention that the Family Court should have appointed a separate attorney to represent each of the children is unpreserved for appellate review ( see Matter of Mary R.F. [Angela I.] , 144 AD3d 1493, 1494) and, in any event, without merit ( see Matter of Child Welfare Admin. [Louis G.] , 270 AD2d 259, 260).
discussed Cited as authority (rule) Matter of Kal-El F. (Damon H.)
N.Y. App. Div. · 2024 · confidence medium
Despite the father's awareness of the child's serious medical condition, he did not follow through on the instructions he was given, did not seem to appreciate the need to keep the child away from possible exposure to infection, and missed the child's first follow-up appointment with an immunology specialist ( see Matter of Adam M. [Susan M.] , 195 AD3d 1560, 1561 [4th Dept 2021]; Matter of Mary R.F. [Angela I.] , 144 AD3d 1493, 1494 [4th Dept 2016], lv denied 28 NY3d 915 [2017]).
discussed Cited as authority (rule) Matter of Jaycob S.
N.Y. App. Div. · 2024 · confidence medium
Although the burden of proving child abuse or neglect rests with the petitioner ( see id. ; Matter of Mary R.F. [Angela I.] , 144 AD3d 1493, 1493 [4th Dept 2016], lv denied 28 NY3d 915 [2017]), once the petitioner "has established a prima facie case, the burden of going forward shifts to [the] respondents to rebut the evidence of . . . culpability" ( Philip M. , 82 NY2d at 244 ; see generally Matter of Devre S. [Carlee C.] , 74 AD3d 1848, 1849 [4th Dept 2010]).
discussed Cited as authority (rule) Matter of Leonard P. (Patricia M.)
N.Y. App. Div. · 2023 · confidence medium
Although the burden of establishing child abuse rests with the petitioner ( see id. ; Matter of Mary R.F. [Angela I.] , 144 AD3d 1493, 1493 [4th Dept 2016], lv denied 28 NY3d 915 [2017]), once the petitioner "has established a prima facie case, the burden of going forward shifts to [the] respondents to rebut the evidence of parental culpability" ( Philip M. , 82 NY2d at 244 ; see generally Matter of Devre S. [Carlee C.] , 74 AD3d 1848, 1849 [4th Dept 2010]).
discussed Cited as authority (rule) People v. Root
N.Y. App. Div. · 2023 · confidence medium
Defendant's contention that his counsel was ineffective based on a conflict of interest is unpreserved inasmuch as it is raised for the first time on appeal ( see generally Matter of Mary R.F. [Angela I.] , 144 AD3d 1493, 1494 [4th Dept 2016], lv denied 28 NY3d 915 [2017]).
discussed Cited as authority (rule) Matter of Grayson R.V. (Jessica D.--David P.)
N.Y. App. Div. · 2021 · confidence medium
Although the burden of proving child abuse rests with the petitioner ( see id. ; Matter of Mary R.F. [Angela I.] , 144 AD3d 1493, 1493 [4th Dept 2016], lv denied 28 NY3d 915 [2017]), once the petitioner "has established a prima facie case, the burden of going forward shifts to [the] respondents to rebut the evidence of parental culpability" ( Philip M. , 82 NY2d at 244 ; see generally Matter of Devre S. [Carlee C.] , 74 AD3d 1848, 1849 [4th Dept 2010]).
discussed Cited as authority (rule) Matter of Noah C. (Greg C.--Jacqueline C.)
N.Y. App. Div. · 2021 · confidence medium
Thus, the court's determination that petitioner established neglect by a preponderance of the evidence ( see Matter of Jack S. [Leah S.] , 176 AD3d 1643 , 1644-1645 [4th Dept 2019]; Matter of Jack S. [Franklin O.S.] , 173 AD3d 1842 , 1843 [4th Dept 2019]) is supported by the requisite sound and substantial basis in the record ( see Matter of Mary R.F. [Angela I.] , 144 AD3d 1493, 1493-1494 [4th Dept 2016], lv denied 28 NY3d 915 [2017]; Matter of James D.D. [Tamela F.] , 111 AD3d 1337, 1337-1338 [4th Dept 2015]).
discussed Cited as authority (rule) Matter of Liam M.J. (Cyril M.J.)
N.Y. App. Div. · 2019 · confidence medium
"While the burden of proving abuse or neglect always rests with petitioner, upon a motion . . . to dismiss a Family Court Act article 10 petition at the close of petitioner's case, the proper inquiry [is] whether petitioner [has] made out a prima facie case, thereby shifting the burden to respondent[] to rebut the evidence of parental culpability" ( Matter of Mary R.F. [Angela I.] , 144 AD3d 1493, 1493 [4th Dept 2016], lv denied 28 NY3d 915 [2017] [internal quotation marks omitted]).
discussed Cited as authority (rule) Matter of Sean P. (Brandy P.)
N.Y. App. Div. · 2018 · confidence medium
Inasmuch as petitioner made out a prima facie case of derivative neglect, we [*2]reject the father's further contention that the court erred in denying his motion to dismiss at the close of petitioner's case ( see Matter of Mary R.F. [Angela I.] , 144 AD3d 1493, 1493 [4th Dept 2016], lv denied 28 NY3d 915 [2017]).
discussed Cited as authority (rule) Matter of Fiacco v. Fiacco
N.Y. App. Div. · 2018 · confidence medium
Finally, the father failed to preserve for our review his contention that the children should not have been jointly represented by the same attorney because the youngest child's wishes differed from those of the two older children ( see Matter of Emmanuel J. [Maximus L.] , 149 AD3d 1292 , 1297 [2017]; Matter of Mary R.F. [Angela I.] , 144 AD3d 1493, 1494 [2016], lv denied 28 NY3d 915 [2017]; Matter of Kaseem J. , 52 AD3d 1321, 1322 [2008]).
discussed Cited "see" Matter of Sky F.-M.J. (Angelica J.)
N.Y. App. Div. · 2025 · signal: see · confidence high
The AFC's contention that the court violated the child's Fourteenth Amendment rights when it terminated the mother's parental rights with respect to the subject child but allowed one of her siblings to remain in the mother's care is also unpreserved for our review inasmuch as the contention is raised for the first time on appeal ( see Matter of Alexander G.R. [Kristin G.P.] , 192 AD3d 1501, 1501 [4th Dept 2021]; see generally Matter of Mary R.F. [Angela I.] , 144 AD3d 1493, 1494 [4th Dept 2016], lv denied 28 NY3d 915 [2017]).
discussed Cited "see" Matter of Carmellah Z. (Casey v.
N.Y. App. Div. · 2019 · signal: see · confidence high
"While the burden of proving abuse or neglect always rests with petitioner, upon a motion . . . to dismiss a Family Court Act article 10 petition at the close of petitioner's case, the proper inquiry [is] whether petitioner [has] made out a prima facie case, thereby shifting the burden to respondent[] to rebut the evidence of parental culpability' " ( Matter of Camara R. , 263 AD2d [*2]710, 712 [3d Dept 1999]; see Matter of Mary R.F. [Angela I.] , 144 AD3d 1493, 1493 [4th Dept 2016], lv denied 28 NY3d 915 [2017]). "[A] party seeking to establish neglect must show, by a preponderance of the evi…
discussed Cited "see, e.g." Matter of Jayla A. (Chelsea K.--Isaac C.)
N.Y. App. Div. · 2017 · signal: see also · confidence medium
We conclude that the evidence adduced at the hearing preponderated in support of the court’s finding that the subject children were neglected as a result of the failure of respondent, as a person legally responsible for their care, to exercise a minimum degree of care in supplying the children with adequate food, clothing, shelter, or education, and/or in providing the children with proper supervision or guardianship so as not to unreasonably inflict, allow there to be inflicted, or imminently risk the potential infliction of serious harm upon them (see § 1012 [f], [g]; see also Matter of M…
Retrieving the full opinion text from the archive…
In the Matter of Mary R.F. and Others, Children Alleged to Be Neglected. Cayuga County Department of Health and Human Services, Respondent; Angela I., Appellant
CAF 13-01822.
Appellate Division of the Supreme Court of the State of New York.
Nov 10, 2016.
144 A.D.3d 1493
Whalen, Carni, Lindley, Dejoseph, Nemoyer.
Cited by 120 opinions  |  Published

Appeal from an order of the Family Court, Cayuga County (Thomas G. Leone, J.), entered September 9, 2013 in a proceeding pursuant to Family Court Act article 10. The order determined that respondent had neglected the subject children.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this Family Court Act article 10 proceeding, respondent mother appeals from an order finding that she neglected her children. The mother contends that Family Court erred in denying her motion to dismiss the petition at the close of petitioner’s proof on the ground that petitioner failed to prove by a preponderance of the evidence that the children were neglected. We reject that contention. “While the burden of proving abuse or neglect always rests with petitioner, upon a motion to Family Court to dismiss a Family Court Act article 10 petition at the close of petitioner’s case, ‘the proper inquiry [is] whether petitioner [has] made out a prima facie case, thereby shifting the burden to respondent[ ] to rebut the evidence of parental culpability’ ” (Matter of Camara R., 263 AD2d 710, 712 [1999]). We conclude that petitioner met its initial burden by establishing that the mother’s home was maintained in an unsafe and unsanitary condition (see Matter [*1494] of Nathifa B., 294 AD2d 432, 433 [2002], lv denied 98 NY2d 616 [2002]), and that the mother failed to follow up with the primary care physician of one of the children as instructed by hospital emergency department providers after they examined the child for an alleged incident of sexual abuse (see Matter of Andrei S., 47 AD3d 721, 721 [2008]; Matter of Notorious YY., 33 AD3d 1097, 1098 [2006]). Upon our review of the entire record, we further conclude that there is a sound and substantial basis for the court’s ultimate determination that the children were neglected, i.e., in that they were “in imminent danger of impairment as a result of the failure of [the mother] to exercise a minimum degree of care” in providing proper supervision or guardianship (Family Ct Act § 1012 [f] [i] [B]; see Matter of Jeromy J. [Latanya J.], 122 AD3d 1398, 1398-1399 [2014], lv denied 25 NY3d 901 [2015]).

The mother’s contention that the Attorney for the Children had a conflict of interest that adversely impacted her representation of the children is raised for the first time on appeal and thus is unpreserved for our review (see Matter of Wood v Hargrave, 292 AD2d 795, 796 [2002], lv denied 98 NY2d 608 [2002]; see also Matter of Carrieanne G., 15 AD3d 850, 850 [2005], lv denied 4 NY3d 709 [2005]).

Present—Whalen, P.J., Carni, Lindley, DeJoseph and NeMoyer, JJ.