In re Sylvia J., 23 A.D.3d 560 (N.Y. App. Div. 2005). · Go Syfert
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In re Sylvia J., 23 A.D.3d 560 (N.Y. App. Div. 2005). Cases Citing This Book View Copy Cite
31 citation events (31 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Louise M. L. (Melinda M. T.) (nyappdiv, 2016-03-09)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Louise M. L. (Melinda M. T.)
N.Y. App. Div. · 2016 · confidence medium
Under the circumstances of this case, there was sufficient corroboration of the child’s allegations set forth in the petition, and all the allegations were proved by a preponderance of the evidence (see Matter of Nicole V., 71 NY2d 112, 117-118 [1987]; Matter of Sylvia J., 23 AD3d 560, 561 [2005]; see also Matter of Joshua J.P. [Alquiber R.], 127 AD3d 1200 [2015]).
discussed Cited as authority (rule) In re Chaim T.
N.Y. App. Div. · 2014 · confidence medium
A preponderance of the evidence supported the Family Court’s determination that the father sexually abused the children Chaim T. and Tziporah T, and derivatively neglected the child Yehuda T. (see Family Ct Act § 1046 [b] [i]; Matter of Nicole V., 71 NY2d 112 [1987]; Matter of Angelica M. [Nugene A.], 107 AD3d 803 , 804-805 [2013]; Matter of Leah R. [Miguel R.], 104 AD3d 774 [2013]; Matter of Daniel W., 37 AD3d 842, 843 [2007]; Matter of Sylvia J., 23 AD3d 560, 562 [2005]; Matter of Shavar B., 7 AD3d 619, 620 [2004]).
discussed Cited as authority (rule) In re Chaim T.
N.Y. App. Div. · 2014 · confidence medium
A preponderance of the evidence supported the Family Court’s determination that the father sexually abused the children Chaim T. and Tziporah T, and derivatively neglected the child Yehuda T. (see Family Ct Act § 1046 [b] [i]; Matter of Nicole V., 71 NY2d 112 [1987]; Matter of Angelica M. [Nugene A.], 107 AD3d 803 , 804-805 [2013]; Matter of Leah R. [Miguel R.], 104 AD3d 774 [2013]; Matter of Daniel W., 37 AD3d 842, 843 [2007]; Matter of Sylvia J., 23 AD3d 560, 562 [2005]; Matter of Shavar B., 7 AD3d 619, 620 [2004]).
discussed Cited as authority (rule) In re Arique D.
N.Y. App. Div. · 2013 · confidence medium
The appeal from so much of the order of fact-finding and disposition as placed the children in the custody of the Commissioner of Social Services of the City of New York until the next permanency hearing must be dismissed as academic, as that portion of the order has already expired (see Matter of Amiya S. [Twana J.F.], 100 AD3d 763 , 764 [2012]; Matter of Sylvia J., 23 AD3d 560, 561 [2005]; Matter of Ciara M., 273 AD2d 312 , 314 [2000]).
discussed Cited as authority (rule) In re Arique D.
N.Y. App. Div. · 2013 · confidence medium
The appeal from so much of the order of fact-finding and disposition as placed the children in the custody of the Commissioner of Social Services of the City of New York until the next permanency hearing must be dismissed as academic, as that portion of the order has already expired (see Matter of Amiya S. [Twana J.F.], 100 AD3d 763 , 764 [2012]; Matter of Sylvia J., 23 AD3d 560, 561 [2005]; Matter of Ciara M., 273 AD2d 312 , 314 [2000]).
discussed Cited as authority (rule) In re Angelina L.C. Nassau County Department of Social Services
N.Y. App. Div. · 2013 · confidence medium
The appeal from so much of the order of fact-finding and disposition dated November 22, 2011, as directed that the mother stay away from the children except for supervised visitation for a period of one year must be dismissed as academic, as that por tion of the order has already expired (see Matter of Amiya S. [Twana J.F.], 100 AD3d 763 , 764 [2012]; Matter of Sylvia J., 23 AD3d 560, 561 [2005]; Matter of Ciara M., 273 AD2d 312, 314 [2000]).
discussed Cited as authority (rule) In re Michael U.
N.Y. App. Div. · 2013 · confidence medium
In light of the conflicting testimony presented at the fact-finding hearing, the factual findings of the Family Court turned largely on its assessment of the witnesses’ credibility, which is entitled to great weight (see Matter of Trenasia J. [Frank J.], 107 AD3d 992 , 993 [2013]; Matter of Candace S., 38 AD3d 786, 787 [2007]; Matter of Sylvia J., 23 AD3d 560, 562 [2005]; Matter of Cassandra C., 300 AD2d 303, 304 [2002]).
discussed Cited as authority (rule) In re Michael U.
N.Y. App. Div. · 2013 · confidence medium
In light of the conflicting testimony presented at the fact-finding hearing, the factual findings of the Family Court turned largely on its assessment of the witnesses’ credibility, which is entitled to great weight (see Matter of Trenasia J. [Frank J.], 107 AD3d 992 , 993 [2013]; Matter of Candace S., 38 AD3d 786, 787 [2007]; Matter of Sylvia J., 23 AD3d 560, 562 [2005]; Matter of Cassandra C., 300 AD2d 303, 304 [2002]).
discussed Cited as authority (rule) In re Nicole G.
N.Y. App. Div. · 2013 · confidence medium
The Family Court has considerable discretion in deciding whether a child’s out-of-court statements alleging incidents of abuse have been reliably corroborated (see Matter of Nicole V., 71 NY2d at 119 ; Matter of Tristan R., 63 AD3d at 1076 ; Matter of Candace S., 38 AD3d at 788 ), and its findings must be accorded deference on appeal where, as here, the Family Court is primarily confronted with issues of credibility (see Matter of Jada K.E. [Richard D.E.], 96 AD3d 744 , 745 [2012]; Matter of Jeshaun R. [Ean R.], 85 AD3d 798, 799 [2011]; Matter of Candace S., 38 AD3d at 787 ; Matter of Sylvia…
discussed Cited as authority (rule) In re Nicole G.
N.Y. App. Div. · 2013 · confidence medium
The Family Court has considerable discretion in deciding whether a child’s out-of-court statements alleging incidents of abuse have been reliably corroborated (see Matter of Nicole V., 71 NY2d at 119 ; Matter of Tristan R., 63 AD3d at 1076 ; Matter of Candace S., 38 AD3d at 788 ), and its findings must be accorded deference on appeal where, as here, the Family Court is primarily confronted with issues of credibility (see Matter of Jada K.E. [Richard D.E.], 96 AD3d 744 , 745 [2012]; Matter of Jeshaun R. [Ean R.], 85 AD3d 798, 799 [2011]; Matter of Candace S., 38 AD3d at 787 ; Matter of Sylvia…
discussed Cited as authority (rule) In re Amiya S.
N.Y. App. Div. · 2012 · confidence medium
The appeal from so much of the order of fact-finding and disposition as, without a hearing, directed that the respondent Johnny S. have supervised visitation with the child Sierra S.D. must be dismissed as academic, as that portion of the order has expired (see Matter of Sylvia J., 23 AD3d 560, 561 [2005]; Matter of Ciara M., 273 AD2d 312 , 314 [2000]).
discussed Cited as authority (rule) In re Amiya S.
N.Y. App. Div. · 2012 · confidence medium
The appeal from so much of the order of fact-finding and disposition as, without a hearing, directed that the respondent Johnny S. have supervised visitation with the child Sierra S.D. must be dismissed as academic, as that portion of the order has expired (see Matter of Sylvia J., 23 AD3d 560, 561 [2005]; Matter of Ciara M., 273 AD2d 312 , 314 [2000]).
discussed Cited as authority (rule) Letitia S. v. Derrick S.
N.Y. App. Div. · 2007 · confidence medium
Where, as here, the Family Court is primarily confronted with issues of credibility, its factual findings must be accorded great weight on appeal (see Matter of Sylvia J., 23 AD3d 560, 562 [2005]; Matter of Cassandra C, 300 AD2d 303, 304 [2002]).
discussed Cited as authority (rule) In re Carme L.
N.Y. App. Div. · 2007 · confidence medium
The Family Court’s finding that the father committed direct sexual abuse of the children Vanessa M. and Carmen L. is supported by a preponderance of the evidence (see Matter of Sylvia J., 23 AD3d 560, 562 [2005]).
discussed Cited as authority (rule) In re Latifah C.
N.Y. App. Div. · 2006 · confidence medium
The Family Court’s finding that the father sexually abused the child Latifah is supported by a preponderance of the evidence (see Matter of Sylvia J., 23 AD3d 560, 562 [2005]; Matter of Jasmine A., 295 AD2d 504, 505 [2002]).
discussed Cited as authority (rule) In re Brice L.
N.Y. App. Div. · 2006 · confidence medium
Based upon our review of the record and deferring to the Family Court’s resolution of credibility issues (see Matter of Irene O., 38 NY2d 776 [1975]; Matter of Sylvia J., 23 AD3d 560, 562 [2005]; Commissioner of Social Servs. of City of N.Y. v Clifton F., 207 AD2d 836, 837 [1994]), we conclude that the Family Court’s determination that the father neglected the subject children is supported by a preponderance of the evidence (see Matter of James HH., 234 AD2d 783 [1996]; see also Matter of Brown v Johnson, 294 AD2d 241 [2002]).
discussed Cited "see" In re Lindsey BB.
N.Y. App. Div. · 2010 · signal: see · confidence high
Our review of the record reveals that Family Court appropriately balanced respondents’ due process right against “the desire to protect the [children’s] mental and emotional well-being” by permitting counsel to cross-examine the children in the absence of respondents themselves (id. at 840; see Matter of Sylvia J., 23 AD3d 560, 561-562 [2005], lvs denied 7 NY3d 703 [2006]).
Retrieving the full opinion text from the archive…
In the Matter of Sylvia J., a Child Alleged to be Abused and Neglected. Administration for Children's Services, Respondent Poorandeo G., , (Proceeding No. 1.) In the Matter of Kevin G., a Child Alleged to be Neglected. Administration for Children's Services, Respondent Poorandeo G., , (Proceeding No. 2.) In the Matter of Salina G., a Child Alleged to be Neglected. Administration for Children's Services, Respondent Poorandeo G., , (Proceeding No. 3.) In the Matter of Kelsey G., a Child Alleged to be Neglected. Administration for Children's Services, Respondent Poorandeo G., , (Proceeding No. 4.) In the Matter of Kelly G., a Child Alleged to be Neglected. Administration for Children's Services, Respondent Poorandeo G., , (Proceeding No. 5.)
Appellate Division of the Supreme Court of the State of New York.
Nov 21, 2005.
23 A.D.3d 560
Cited by 28 opinions  |  Published

[*561] In five related child protective proceedings pursuant to Family Court Act article 10, the father appeals, (1) as limited by his brief, from so much of a fact-finding order of the Family Court, Queens County (Clark, J.), dated April 3, 2003, as found that he had abused the child Sylvia J., and (2) an order of disposition of the same court dated June 2, 2004, which, upon the fact-finding order, inter alia, directed him to stay away from all of his children except when such visitation was supervised by the Administration for Children’s Services until June 2, 2005.

Ordered that the appeal from the fact-finding order is dismissed, without costs or disbursements, as the fact-finding order was superseded by the order of disposition dated June 2, 2004; and it is further,

Ordered that so much of the order of disposition as directed that the father’s visitation with the children be supervised is dismissed as academic, without costs or disbursements; and it is further,

Ordered that the order of disposition is affirmed insofar as reviewed, without costs or disbursements.

The father’s appeal from so much of the order of disposition as directed that his visitation with the children be supervised by the Administration for Children’s Services must be dismissed as academic, as that portion of the order has already expired (see Matter of Ciara M., 273 AD2d 312, 314 [2000]). However, although the order of disposition has expired, the adjudication of abuse constitutes a permanent and significant stigma which might indirectly affect the father’s status in potential future proceedings. Therefore, the appeal from so much of the order of disposition as determined that the child Sylvia was abused is not academic (id.).

The Family Court providently exercised its discretion in denying the father’s application for the appointment of an expert to validate the child’s allegations of sexual abuse. The child’s unsworn but cross-examined in-court testimony was sufficient to corroborate her out-of-court statements to her mother and an Administration for Children’s Services’ caseworker, so as to support a finding of abuse (see Matter of Christina F., 74 NY2d 532, 533 [1989]).

We reject the father’s contention that the court deprived him of any due process rights or Sixth Amendment right of confrontation when it allowed the child to testify outside of his presence. The father’s attorney was present, and was permitted to cross-examine the child (see Matter of Katherine S., 271 AD2d[*562] 538, 539 [2000]; see also Matter of Heather S., 19 AD3d 606 [2005]; Matter of Christa H., 267 AD2d 586, 587 [1999]).

“[I]n a fact-finding hearing pursuant to Family Court Act article 10 to determine whether a child is abused or neglected, the statute requires that the finding of neglect or abuse be based on a preponderance of the evidence rather than clear and convincing evidence” (Matter of Linda K., 132 AD2d 149, 154-155 [1987] [citations omitted]). Where the Family Court is primarily confronted with issues of credibility, its factual findings must be accorded great weight on appeal (see Matter of Irene O., 38 NY2d 776 [1975]; Matter of Commissioner of Social Servs. of City of NY. v Clifton F., 207 AD2d 836, 837 [1994]). The finding of sexual abuse was supported by a preponderance of the evidence. Adams, J.P., Luciano, Mastro and Lunn, JJ., concur.