In re Kila DD., 28 A.D.3d 805 (N.Y. App. Div. 2006). · Go Syfert
In re Kila DD., 28 A.D.3d 805 (N.Y. App. Div. 2006). Cases Citing This Book View Copy Cite
20 citation events (20 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
cited Cited as authority (rule) Matter of Rosalynne AA. (Bridget AA.)
N.Y. App. Div. · 2023 · confidence medium
The mother "was given time to address the new allegation[ ] and did not request any further adjournment to better prepare [her] defense" ( Matter of Kila DD. , 28 AD3d 805, 806 [3d Dept 2006]).
discussed Cited as authority (rule) Matter of Hailey XX.
N.Y. App. Div. · 2015 · confidence medium
Family Court did not abuse its discretion in permitting the amendment under these circumstances (see Matter of *1268 Thomas JJ., 14 AD3d at 954 ; see also Matter of Ariel C.W.-H. [Christine W.], 89 AD3d 1438, 1439 [2011]; Matter of Kila DD., 28 AD3d 805, 806 [2006]).
cited Cited as authority (rule) In re Ne-Ashia R.
N.Y. App. Div. · 2012 · confidence medium
Further, the mother never requested an adjournment to better prepare her defense or moved to dismiss the petition (see Matter of Kila DD., 28 AD3d 805, 806 [3d Dept 2006]).
cited Cited as authority (rule) In re Ne-Ashia R.
N.Y. App. Div. · 2012 · confidence medium
Further, the mother never requested an adjournment to better prepare her defense or moved to dismiss the petition (see Matter of Kila DD., 28 AD3d 805, 806 [3d Dept 2006]).
discussed Cited as authority (rule) In re Brooke OO.
N.Y. App. Div. · 2010 · confidence medium
Respondent’s conclusory assertions, including that more objections should have been made and more cross-examination should have been done, involve trial strategy, which will not be second-guessed in hindsight (see Matter of Kila DD., 28 AD3d 805, 806 [2006]).
discussed Cited as authority (rule) Kelley v. VanDee (2×)
N.Y. App. Div. · 2009 · confidence medium
In our view, no impropriety arose in these proceedings because of Judge Campbell’s involvement in the criminal matter (see Matter of Kila DD., 28 AD3d 805, 805-806 [2006]; Matter of Karina U., 299 AD2d 772, 773 [2002], lv denied 100 NY2d 501 [2003]) or as a result of her stated observations arising out of that matter.
discussed Cited as authority (rule) In re Jewle I.
N.Y. App. Div. · 2007 · confidence medium
There was no showing that respondent was surprised or prejudiced by this proof, and he did seek further time to prepare a defense to the allegation (see Matter of Kila DD., 28 AD3d 805, 806 [2006]; Matter of Thomas JJ., 14 AD3d 953, 954 [2005]).
discussed Cited as authority (rule) In re Landon W.
N.Y. App. Div. · 2006 · confidence medium
Although not specifically mentioned in the order of fact finding and disposition, Family Court properly considered evidence of respondent’s ir responsible prenatal care as probative of the central issue regarding the basis for both the prior and current finding (see Matter of Kila DD., 28 AD3d 805, 806 [2006]).
discussed Cited "see" In re Aiden XX. (2×) also: Cited "see, e.g."
N.Y. App. Div. · 2013 · signal: see · confidence high
While a court may amend the allegations in a neglect proceeding “to conform to the proof!,] ... in such case the respondent shall be given reasonable time to prepare to answer the amended allegations” (Family Ct Act § 1051 [b]; see Matter of Kila DD., 28 AD3d 805, 806 [2006]).
discussed Cited "see" In re Aiden XX. (2×) also: Cited "see, e.g."
N.Y. App. Div. · 2013 · signal: see · confidence high
While a court may amend the allegations in a neglect proceeding “to conform to the proof!,] ... in such case the respondent shall be given reasonable time to prepare to answer the amended allegations” (Family Ct Act § 1051 [b]; see Matter of Kila DD., 28 AD3d 805, 806 [2006]).
discussed Cited "see, e.g." In re Alexander Z.
N.Y. App. Div. · 2015 · signal: see also · confidence medium
Although respondents now contend that they were not given the requisite reasonable time to respond, they did not request a reopening of the proof, an opportunity to answer or an adjournment, nor have they shown that they would have been able to controvert any of the findings in the decisions and orders at issue if they had been given additional time (see Matter of Michelle S., 195 AD2d 721, 722 [1993]; see also Matter of Kila DD., 28 AD3d 805, 806 [2006]).
discussed Cited "see, e.g." In re Alexander Z.
N.Y. App. Div. · 2015 · signal: see also · confidence medium
Although respondents now contend that they were not given the requisite reasonable time to respond, they did not request a reopening of the proof, an opportunity to answer or an adjournment, nor have they shown that they would have been able to controvert any of the findings in the decisions and orders at issue if they had been given additional time (see Matter of Michelle S., 195 AD2d 721, 722 [1993]; see also Matter of Kila DD., 28 AD3d 805, 806 [2006]).
Retrieving the full opinion text from the archive…
In the Matter of Kila DD. and Others, Children Alleged to be Abused and Neglected. Schoharie County Department of Social Services, Respondent Antonio EE.
Appellate Division of the Supreme Court of the State of New York.
Apr 6, 2006.
28 A.D.3d 805
Kane.
Cited by 17 opinions  |  Published
Kane, J.

Appeals (1) from an order of the Family Court of Schoharie County (Bartlett, III, J.), entered March 8, 2002, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 10, to adjudicate respondent’s children to be abused and neglected, and (2) from an order of said court, entered March 29, 2002, which, inter alia, extended placement of respondent’s children.

Respondent is the father of three children, Kila (born in 1988), Antonio (born in 1995) and Kathleen (born in 2000). Kimberly FF. is the mother of respondent’s two youngest children, having married him a month before Kathleen’s birth. Respondent’s first wife and Kimberly’s mother were sisters, making Kimberly respondent’s niece. Petitioner commenced the instant proceeding, alleging that the children were neglected as the result of being exposed to domestic violence that respondent inflicted upon Kimberly. During the fact-finding hearing, Family Court permitted petitioner to amend the petition to include allegations that respondent abused the children and that they were derivatively abused or neglected due to respondent’s sexual abuse of Kimberly when she was a minor in his care. After the court determined that respondent abused Kila and derivatively abused the other two children, the parties entered into a stipulated order of disposition. Respondent appeals.

Family Court was not required to grant respondent’s request for recusal. No impropriety arose merely because the Family Court Judge previously presided over an unrelated criminal matter where respondent pleaded guilty in County Court (see Matter of Karina U, 299 AD2d 772, 773 [2002], lv denied 100 NY2d 501 [2003]; People v Smith, 272 AD2d 679, 682 [2000], lv [*806] denied 95 NY2d 938 [2000]). As no statutory basis for recusal existed (see Judiciary Law § 14), the court did not abuse its discretion in denying the motion.

Amendment of the petition to conform to the proof during the proceedings was permissible, as respondent was given time to address the new allegations and did not request any further adjournment to better prepare his defense (see Family Ct Act § 1051 [b]; Matter of Michelle S., 195 AD2d 721, 722 [1993]; Matter of Terry S., 55 AD2d 689, 690 [1976]). Family Court could properly rely upon evidence concerning respondent’s sexual abuse of Kimberly when she was a minor in his care. Respondent’s conduct, although remote, was part of a continuum of violent conduct against his wife and children under his care and was probative of the flaws in his fundamental understanding of the duties of parenthood (see Matter of Tiffany AA., 268 AD2d 818, 819-820 [2000]; Matter of Amanda LL., 195 AD2d 708, 709 [1993]). In any event, the remaining evidence amply supports findings of abuse due to respondent’s repeated physical beatings of Kila, his assaults on another niece previously in his care, and exposure of the children to domestic violence consisting of severe abuse against Kimberly and Kila in the children’s presence (see Matter of Tiffany S., 302 AD2d 758, 761 [2003], lv denied 100 NY2d 503 [2003]; Matter of Michael G., 300 AD2d 1144, 1144 [2002]; Matter of Nicole VV., 296 AD2d 608, 612 [2002], lv denied 98 NY2d 616 [2002]).

Respondent’s counsel provided meaningful representation. Counsel was not required to make a motion for recusal, as the record does not reveal any basis for such a motion (see Matter of Joshua O., 227 AD2d 695, 697 [1996]). Although respondent’s testimony was the only evidence presented on his behalf, he failed to show that other favorable witnesses or evidence were available (see Matter of William AA., 24 AD3d 1125, 1128 [2005]; Matter of James P., 17 AD3d 733, 734-735 [2005]). Despite respondent’s hindsight disagreement with counsel’s tactics, he received effective assistance (see Matter of Jonathan LL., 294 AD2d 752, 753 [2002]).

Crew III, J.P., Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the orders are affirmed, without costs.