Matter of Sean P. (Brandy P.), 2017 NY Slip Op 8951 (N.Y. App. Div. 2017). · Go Syfert
Matter of Sean P. (Brandy P.), 2017 NY Slip Op 8951 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Alexander P. (Jillian P.)
N.Y. App. Div. · 2023 · confidence medium
We thus conclude that there is a sound and substantial basis to support the [*2]court's determination that the mother neglected the children ( see generally Nevaeh L. , 177 AD3d at 1402; Matter of Sean P. [Brandy P.] , 156 AD3d 1339, 1339-1340 [4th Dept 2017], lv denied 31 NY3d 903 [2018]).
discussed Cited as authority (rule) Matter of Cameron J.S. (Zacharias C.)
N.Y. App. Div. · 2023 · confidence medium
Contrary to the mother's contention, there is a sound and substantial basis in the record to support Family Court's determination that the mother neglected the subject children ( see generally Matter of Sean P. [Brandy P.] , 156 AD3d 1339, 1339 [4th Dept 2017], lv denied 31 NY3d 903 [2018]).
discussed Cited as authority (rule) Matter of Gina R. (Christina R.)
N.Y. App. Div. · 2022 · confidence medium
Here, we conclude that there is a sound and substantial basis in the record supporting Family Court's determination that petitioner met its burden of establishing that the youngest of the subject children was neglected ( see generally Matter of Sean P. [Brandy P.] , 156 AD3d 1339, 1339-1340 [4th Dept 2017], lv denied 31 NY3d 903 [2018]) by presenting evidence that [*2]the mother wrapped the infant to sleep, on more than one occasion, in loose blankets, despite repeated warnings that doing so created a substantial risk to the child ( see Matter of Aerobella T. [Bartolomeo V.] , 170 AD3d 1453 , …
discussed Cited as authority (rule) Matter of Crystal S. (Patrick P.)
N.Y. App. Div. · 2021 · confidence medium
Contrary to respondent's contention, we conclude that the court's determination that the child was abused as a result of respondent's sexual abuse is supported by the requisite preponderance of the evidence ( see generally Family Ct Act § 1046 [b] [i]; Matter of Sean P. [Brandy P.] , 156 AD3d 1339, 1339 [4th Dept 2017], lv denied 31 NY3d 903 [2018]) inasmuch as the child's out-of-court statements describing the abuse are sufficiently corroborated by other evidence ( see generally Matter of Timothy B. [Paul K.] , 138 AD3d 1460 -1461 [4th Dept 2016], lv denied 28 NY3d 908 [2016]).
discussed Cited as authority (rule) Matter of Skyler D. (Joseph D.)
N.Y. App. Div. · 2020 · confidence medium
Contrary to the father's contention in appeal No. 4, we conclude that there is a sound and substantial basis in the record supporting the court's determination that his older daughter was neglected and abused as a result of the father's sexual abuse ( see generally Family Ct Act § 1046 [b] [i]; Matter of Sean P. [Brandy P.] , 156 AD3d 1339, 1339-1340 [4th Dept 2017], lv denied 31 NY3d 903 [2018]).
discussed Cited as authority (rule) Matter of Nevaeh L. (Katherine L.)
N.Y. App. Div. · 2019 · confidence medium
We thus conclude that there is a sound and substantial basis to support the court's determination that the mother neglected the children and that they should remain in petitioner's custody ( see generally Matter of Sean P. [Brandy P.] , 156 AD3d 1339, 1339-1340 [4th Dept 2017], lv denied 31 NY3d 903 [2018]).
discussed Cited as authority (rule) Matter of Henry G. (Amelinda L.--Danny T.)
N.Y. App. Div. · 2019 · confidence medium
Contrary to the father's contention, there is a sound and substantial basis in the record supporting Family Court's determination that petitioner met its burden of establishing his neglect of the subject children ( see Matter of Sean P. [Brandy P.] , 156 AD3d 1339, 1339-1340 [4th Dept 2017], lv denied 31 NY3d 903 [2018]).
discussed Cited as authority (rule) Matter of Kayla v. (Craig v.
N.Y. App. Div. · 2019 · confidence medium
Here, we conclude that there is a sound and substantial basis in the record supporting Family Court's determination that petitioner met its burden of establishing that the child was neglected ( see generally Matter of Sean P. [Brandy P.] , 156 AD3d 1339, 1339-1340 [4th Dept 2017], lv denied 31 NY3d 903 [2018]).
discussed Cited as authority (rule) Matter of Liam M.J. (Cyril M.J.)
N.Y. App. Div. · 2019 · confidence medium
Contrary to the father's further contention, we conclude that there is a sound and substantial basis for the court's ultimate determination that the child was neglected and abused as a result of the father's sexual abuse of the child ( see generally Family Ct Act § 1046 [b] [i]; Matter of Sean P. [Brandy P.] , 156 AD3d 1339, 1339-1340 [4th Dept 2017], lv denied 31 NY3d 903 [2018]).
discussed Cited as authority (rule) Matter of Chance C. (Jennifer S.)
N.Y. App. Div. · 2018 · confidence medium
Here, petitioner alleged that the danger was the result of the mother's mental illness. "[E]vidence of mental illness, alone, does not support a finding of neglect, [but] such evidence may be part of a neglect determination when the proof further demonstrates that a respondent's condition creates an imminent risk of physical, mental or emotional harm to a child" ( Matter of Sean P. [Brandy P.] , 156 AD3d 1339, 1340 [4th Dept 2017], lv denied 31 NY3d 903 [2018] [internal quotation marks omitted]).
discussed Cited "see" Matter of Lyndon S. (Hillary S.)
N.Y. App. Div. · 2018 · signal: see · confidence high
The evidence must establish a causal connection between the parent's condition, and actual or potential harm to the child[ ]' " ( Matter of Jesus M. [Jamie M.] , 118 AD3d 1436 , 1437 [4th Dept 2014], lv denied 24 NY3d 904 [2014]; see Matter of Sean P. [Brandy P.] , 156 AD3d 1339, 1340 [4th Dept 2017], lv denied 31 NY3d 903 [2018]).
discussed Cited "see, e.g." Matter of Faith K. (Cindy R.)
N.Y. App. Div. · 2021 · signal: see also · confidence medium
Rather, it was the mother's disability, combined with other factors , that established that the mother had neglected the child ( see Matter of Joseph MM. [Clifford MM.] , 91 AD3d 1077, 1079 [3d Dept 2012], lv denied 18 NY3d 809 [2012]; see also Matter of Sean P. [Brandy P.] , 156 AD3d 1339, 1340 [4th Dept 2017], lv denied 31 NY3d 903 [2018]).
Retrieving the full opinion text from the archive…
In the Matter of Sean P. Onondaga County Department of Children and Family Services, Respondent; Brandy P., Appellant, Et Al., Respondent
1184 CAF 16-01308.
Appellate Division of the Supreme Court of the State of New York.
Dec 22, 2017.
2017 NY Slip Op 8951
Curran, DeJoseph, NeMoyer, Peradotto, Present--Smith.
Cited by 13 opinions  |  Published

Appeal from an order of the Family Court, Onondaga County (Michael L. Hanuszczak, J.), entered June 7, 2016 in a proceeding pursuant to Family Court Act article 10. The order, among other things, adjudged that respondents had neglected the subject child.

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

Memorandum: In this proceeding pursuant to article 10 of the Family Court Act, respondent mother appeals from an order in which Family Court determined that she neglected the subject child. In reviewing the propriety of the order, we note that petitioner’s burden was to “demonstrate by a preponderance of the evidence ‘first, that [the] child’s physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and second, that the actual or threatened harm to the child is a consequence of the failure of the parent... to exercise a minimum degree of care in providing the child with proper supervision or guardianship’ ” (Matter of Ilona H. [Elton H.], 93 AD3d 1165, 1166 [4th Dept 2012], quoting Nicholson v Scoppetta, 3 NY3d 357, 368 [2004]; see §§ 1012 [f] [i] [B]; 1046 [b] [i]). We further note that the court’s “findings of fact are accorded deference and will not be disturbed unless they lack a sound and substantial basis in the record” (Matter of Kaleb U. [Heather V.—Ryan U.], 77 AD3d 1097, 1098 [3d Dept 2010]; see Matter of Arianna M. [Brian M.], 105 AD3d 1401, 1401 [4th Dept 2013], lv denied 21 NY3d 862 [2013]).

We conclude that there is a sound and substantial basis in the record supporting the court’s determination that petitioner met its burden of establishing the mother’s neglect of the child, i.e., that “the child was in imminent danger of impairment as a result of [the mother’s] failure to exercise a minimum degree of care” (Matter of Paul U., 12 AD3d 969, 971 [3d Dept 2004]; see Matter of Claudina E.P. [Stephanie M.], 91 AD3d 1324, 1324 [4th Dept 2012]; see generally Nicholson, 3 NY3d at 368-370). The evidence supporting the court’s determination includes the testimony and notes of petitioner’s caseworker, as well as neonatal hospital records, which outline the mother’s difficulties in caring for the child during the first four days of his life.

We reject the mother’s contention that the finding of neglect was based solely on her mental illness. “ While evidence of mental illness, alone, does not support a finding of neglect, such evidence may be part of a neglect determination when the proof further demonstrates that a respondent’s condition creates an imminent risk of physical, mental or emotional harm to a child’ ” (Matter of Anthony TT [Philip TT.], 80 AD3d 901, 902 [3d Dept 2011], lv denied 17 NY3d 704 [2011]; see generally Matter of Joseph MM. [Clifford MM.], 91 AD3d 1077, 1079 [3d Dept 2012], lv denied 18 NY3d 809 [2012]). Petitioner presented testimony and documentary evidence establishing that the mother’s mental illness and intellectual disabilities rendered her unable to feed the child properly or to support the child’s head, even while under hospital supervision. Thus, there was a sound and substantial basis supporting the court’s determination that the child would be harmed if the mother were allowed to control his feeding schedule or to hold the child unsupervised.

Present—Smith, J.P., Peradotto, DeJoseph, NeMoyer and Curran, JJ.