In re Keaghn Y., 84 A.D.3d 1478 (N.Y. App. Div. 2011). · Go Syfert
In re Keaghn Y., 84 A.D.3d 1478 (N.Y. App. Div. 2011). Cases Citing This Book View Copy Cite
22 citation events (22 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Michelle L. v. Steven M.
N.Y. App. Div. · 2024 · confidence medium
Having failed to object thereto, the mother's related arguments are unpreserved for our review ( see Matter of Jehrica K. v Erin J. , 223 AD3d 1079 , 1083 [3d Dept 2024]; Matter of Keaghn Y. [Heaven Z.] , 84 AD3d 1478, 1480 [3d Dept 2011]).
discussed Cited as authority (rule) Matter of Jaylin XX. (Jamie YY.)
N.Y. App. Div. · 2023 · confidence medium
There was also testimony that the mother tested positive for methamphetamines in January and March of 2022, but persisted in her claim that there "had to be some kind of mistake." We are mindful that the AFC represented that the child desired to return to the mother's care; however, given the forgoing evidence, we conclude that Family Court's finding that continued removal was in the child's best interests has a sound and substantial basis in the record ( see Matter of Ja'Sire FF. [Jalyssa GG.] , 206 AD3d at 1080; Matter of Alexis AA. [John AA.] , 97 AD3d 927 , 929 [3d Dept 2012]; Matter of Ke…
discussed Cited as authority (rule) Matter of Jaylin XX. (Jamie YY.)
N.Y. App. Div. · 2023 · confidence medium
There was also testimony that the mother tested positive for methamphetamines in January and March of 2022, but persisted in her claim that there "had to be some kind of mistake." We are mindful that the AFC represented that the child desired to return to the mother's care; however, given the forgoing evidence, we conclude that Family Court's finding that continued removal was in the child's best interests has a sound and substantial basis in the record ( see Matter of Ja'Sire FF. [Jalyssa GG.] , 206 AD3d at 1080; Matter of Alexis AA. [John AA.] , 97 AD3d 927 , 929 [3d Dept 2012]; Matter of Ke…
discussed Cited as authority (rule) Matter of Asiah S. (Nancy S.)
N.Y. App. Div. · 2023 · confidence medium
Notwithstanding the proof indicating that respondent had participated in some services provided by petitioner, in view of the evidence credited by the court, the continued placement of the child in petitioner's care serves the best interests of the child ( see Matter of Ja'Sire FF. [Jalyssa GG.] , 206 AD3d 1076 , 1080 [3d Dept 2022], lv denied 38 NY3d 912 [2022]; Matter of Alexis AA. [John AA.] , 97 AD3d 927 , 930 [3d Dept 2012]; Matter of Keaghn Y. [Heaven Z.] , 84 AD3d 1478, 1479 [3d Dept 2011]).
discussed Cited as authority (rule) Matter of Zakariah SS. v. Tara TT. (2×)
N.Y. App. Div. · 2016 · confidence medium
The mother's contention that Family Court improperly acted as an advocate during the trial is unpreserved for our review, as she made no objections to the court's actions that she now complains of, and – contrary to the mother's contention – a review of the record does not support the conclusion that the court engaged in such extreme participation as to render objections unnecessary for the purposes of preservation (see Matter of Shannon F., 121 AD3d 1595 , 1596 [2014], lv denied 24 NY3d 913 [2015]; Matter of Keaghn Y. [Heaven Z.], 84 AD3d 1478, 1479-1480 [2011]; see generally People v Cha…
discussed Cited as authority (rule) Matter of Gallo v. Gallo
N.Y. App. Div. · 2016 · confidence medium
The mother initially asserts that Family Court improperly advocated for the pro se father by asking questions to guide his direct testimony, but she failed to preserve this issue by lodging an objection to the questioning (see Matter of Keaghn Y. [Heaven Z.], 84 AD3d 1478, 1480 [2011]; Matter of Borggreen v Borggreen, 13 AD3d 756, 757 [2004]).
discussed Cited as authority (rule) Carr v. Stebbins
N.Y. App. Div. · 2014 · confidence medium
The court asked questions of the father that reflected on his fitness as a parent, his living arrangements and his financial ability to support the child, which were all relevant issues at the hearing (see Matter of Keaghn Y. [Heaven Z.], 84 AD3d 1478, 1479-1480 [2011]; see also Matter of Smith v O’Donnell, 107 AD3d 1311 , 1313 [2013]).
discussed Cited as authority (rule) MatterofCarrvStebbins
N.Y. App. Div. · 2014 · confidence medium
The court asked questions of the father that reflected on his fitness as a parent, his living arrangements and his financial ability to support the child, which were all relevant issues at the hearing (see Matter of Keaghn Y. [Heaven Z.], 84 AD3d 1478, 1479-1480 [2011]; see also Matter of Smith v O'Donnell, 107 AD3d 1311 , 1313 [2013]).
discussed Cited as authority (rule) Carr v. Stebbins
N.Y. App. Div. · 2014 · confidence medium
The court asked questions of the father that reflected on his fitness as a parent, his living arrangements and his financial ability to support the child, which were all relevant issues at the hearing (see Matter of Keaghn Y. [Heaven Z.], 84 AD3d 1478, 1479-1480 [2011]; see also Matter of Smith v O’Donnell, 107 AD3d 1311 , 1313 [2013]).
discussed Cited as authority (rule) In re Gloria DD.
N.Y. App. Div. · 2012 · confidence medium
These findings enjoy a sound and substantial basis in the record and provide ample support for Family Court’s decision to continue the children’s placement with petitioner (see Matter of Xiomara D. [Madelyn D.], 96 AD3d at 1242; Matter of Keaghn Y. [Heaven Z.], 84 AD3d 1478, 1478-1479 [2011]; Matter of Kenneth QQ. [Jodi QQ.], 77 AD3d 1223, 1224-1225 [2010]).
discussed Cited as authority (rule) In re Gloria DD.
N.Y. App. Div. · 2012 · confidence medium
These findings enjoy a sound and substantial basis in the record and provide ample support for Family Court’s decision to continue the children’s placement with petitioner (see Matter of Xiomara D. [Madelyn D.], 96 AD3d at 1242; Matter of Keaghn Y. [Heaven Z.], 84 AD3d 1478, 1478-1479 [2011]; Matter of Kenneth QQ. [Jodi QQ.], 77 AD3d 1223, 1224-1225 [2010]).
discussed Cited as authority (rule) In re Alexis AA.
N.Y. App. Div. · 2012 · confidence medium
We next turn to the merits of the dispositional order regarding Alexis. 2 “[A] dispositional order must reflect a resolution consistent with the best interests of the ehild[ ] after consideration of all relevant facts and circumstances, and must be supported by a sound and substantial basis in the record” (Matter of Alaina E., 33 AD3d 1084, 1087 [2006]; see Matter of Telsa Z. [Denise Z.], 84 AD3d at 1603 ; Matter of Keaghn Y. [Heaven Z.], 84 AD3d 1478, 1478-1479 [2011]).
discussed Cited as authority (rule) In re Alexis AA.
N.Y. App. Div. · 2012 · confidence medium
We next turn to the merits of the dispositional order regarding Alexis. 2 “[A] dispositional order must reflect a resolution consistent with the best interests of the ehild[ ] after consideration of all relevant facts and circumstances, and must be supported by a sound and substantial basis in the record” (Matter of Alaina E., 33 AD3d 1084, 1087 [2006]; see Matter of Telsa Z. [Denise Z.], 84 AD3d at 1603 ; Matter of Keaghn Y. [Heaven Z.], 84 AD3d 1478, 1478-1479 [2011]).
discussed Cited as authority (rule) In re Xiomara D.
N.Y. App. Div. · 2012 · confidence medium
Under these circumstances, we decline to disturb the determination of Family Court (Connerton, J.) that placing the child in petitioner’s custody was in her best interest (see Matter of Keaghn Y. [Heaven Z.], 84 AD3d 1478, 1479 [2011]; Matter of Kaleb U. [Heather V. — Ryan U.], 77 AD3d 1097, 1099-1100 [2010]; Matter of Brandon DD. [Jessica EE.], 74 AD3d 1435, 1437 [2010]).
discussed Cited as authority (rule) In re Xiomara D.
N.Y. App. Div. · 2012 · confidence medium
Under these circumstances, we decline to disturb the determination of Family Court (Connerton, J.) that placing the child in petitioner’s custody was in her best interest (see Matter of Keaghn Y. [Heaven Z.], 84 AD3d 1478, 1479 [2011]; Matter of Kaleb U. [Heather V. — Ryan U.], 77 AD3d 1097, 1099-1100 [2010]; Matter of Brandon DD. [Jessica EE.], 74 AD3d 1435, 1437 [2010]).
discussed Cited as authority (rule) In re Alexis AA.
N.Y. App. Div. · 2012 · confidence medium
As for Family Court’s decision to place Gabe and Noah with petitioner, we note that, in addition to the evidence establishing respondent’s neglect of these children, the family home — despite petitioner’s ongoing efforts to provide services to respondent and the mother — was often littered with garbage and debris and was so unsanitary that it remained an unsuitable environment for young children (see Matter of Keaghn Y. [Heaven Z.], 84 AD3d 1478, 1478-1479 [2011]; Matter of Kaleb U. [Heather V. — Ryan U.], 11 AD3d at 1099-1100). 3 While respondent and the mother did attempt, albeit…
discussed Cited as authority (rule) In re Beverly EE.
N.Y. App. Div. · 2011 · confidence medium
Respondent’s contention that Family Court improperly advocated for petitioner during the hearing by objecting to a question posed by respondent’s counsel is both unpreserved (see Matter of Keaghn Y. [Heaven Z.], 84 AD3d 1478, 1479-1480 [2011]) and wholly without merit.
discussed Cited as authority (rule) In re Kyle FF.
N.Y. App. Div. · 2011 · confidence medium
Although respondent did not object when Family Court called the author of the predispositional report as a witness and, further, stipulated to the admission of the discharge summary, thereby rendering this issue unpreserved for our review (see Matter of Keaghn Y., 84 AD3d 1478, 1479-1480 [2011]), we nevertheless exercise our discretion and reverse Family Court’s order (see Matter of Jacqulin M., 83 AD3d 844, 844 [2011]; Matter of Yadiel Roque C., 17 AD3d 1168, 1169 [2005]).
Retrieving the full opinion text from the archive…
In the Matter of Keaghn Y., a Child Alleged to be Neglected. Clinton County Department of Social Services, Respondent Heaven Z.
Appellate Division of the Supreme Court of the State of New York.
May 5, 2011.
84 A.D.3d 1478
Kavanagh.
Cited by 20 opinions  |  Published
Kavanagh, J.

Appeal from an order of the Family Court of Clinton County (Lawliss, J.), entered October 5, 2010, which, among other things, granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 10, to adjudicate respondent’s child to be neglected.

Respondent, in May 2009, consented to a finding being entered that she was unable to care for her son (born in 1996) and, as a result, an order was issued awarding legal and physical custody of the child to his stepfather.[1] One year later, after being hospitalized in a mental health unit, the child was diagnosed with post-traumatic stress and mood disorders and found to be at high risk of sexually assaulting younger children. The child, with respondent’s consent, was subsequently placed in the custody of petitioner after the stepfather was no longer willing to care for him (see Family Ct Act § 1027) and was enrolled in a residential treatment facility.

Shortly thereafter, petitioner commenced this Family Ct Act article 10 proceeding alleging that the child had been neglected because, among other things, respondent had allowed him to be exposed to domestic abuse.[2] Upon the consent of respondent and the stepfather, Family Court ordered that the child’s placement with petitioner be continued (see Family Ct Act § 1027) and, after respondent admitted certain allegations made in the petition, entered a finding of neglect. After a combined dispositional and permanency hearing (see Family Ct Act art 10-A), an order was entered continuing the child’s placement with petitioner, but provided that respondent have unsupervised visitation with the child on one day during the week, which could not occur on a Saturday or Sunday, while he resided at the residential facility. Also, the court issued an order of protection directing respondent to stay away from the child except when authorized by the visitation schedule and directed that she submit to random drug tests. Respondent now appeals.

Respondent initially claims that Family Court’s dispositional order and its determination that the child remain in petitioner’s custody is not in the child’s best interests (see Matter of Kaleb [*1479] U. [Heather V. — Ryan U.], 77 AD3d 1097, 1099-1100 [2010]; Matter of Elijah Q., 36 AD3d 974, 976 [2007], lv denied 8 NY3d 809 [2007]; Matter of Alaina E., 33 AD3d 1084, 1087 [2006]). We disagree. This order was issued after it had been established at the hearing that, on nine separate occasions, reports had been filed against respondent charging her with neglect and child abuse, all of which were subsequently found to be indicated. In addition, respondent continues to reside with her husband, who is barred by an order of protection from having any contact with her other children because of his persistent and chronic abuse of alcohol and drugs. We also note that the child, by all accounts, appears to be thriving in the residential setting where he has been placed by petitioner and is responding positively to treatment and counseling. This record, in our view, establishes that Family Court’s determination to continue placement of the child with petitioner is supported by a sound and substantial basis in the record and is in his best interests (see Matter of Brandon DD. [Jessica EE.], 74 AD3d 1435, 1437 [2010]; Matter of Elijah Q., 36 AD3d at 976; Matter of Michael V., 279 AD2d 668, 669 [2001], lv denied 96 NY2d 709 [2001]).[3]

We do agree with respondent that the limitations imposed by Family Court on her visits with the child are not warranted and not in the child’s best interests. In that regard, the child’s therapist testified that increased contact between the child and respondent would benefit the child and is in his long-term interests. In fact, all involved in this proceeding, including petitioner, now agree with respondent’s request that the restrictions on visitation imposed by Family Court — and in particular its decision to limit respondent to one visit per week — be lifted. As a result, we are of the view that the court’s dispositional order should be modified to allow respondent more contact with the child to add visitation on Saturday of each week.

Finally, respondent argues that Family Court, by becoming intimately involved in the examination of witnesses who testified at the hearing and by issuing, on its own accord, a subpoena calling for the production of certain records, demonstrated that is was biased against her and did not provide her with a fair hearing. Family Court, on its own motion, issued an order directing that the child’s school records be produced and that an expert who it appointed to review these records advise the court on the child’s educational needs. While such a practice, coupled with the court’s involvement in the examination of the witnesses who testified at the hearing, may, in some circumstances,[*1480] present legitimate questions regarding the court’s impartiality (see Matter of Blaize F. [Christopher F.], 74 AD3d 1454, 1454-1455 [2010]; Matter of Stampfler v Snow, 290 AD2d 595, 596 [2002]), we note that neither party opposed the court’s decision to issue the subpoena or objected to its questioning of witnesses and, therefore, such a challenge has not been preserved for our review (see Matter of Borggreen v Borggreen, 13 AD3d 756, 757 [2004]; compare Matter of Stampfler v Snow, 290 AD2d at 596) ,[4] Moreover, the records that were requested were clearly relevant to the issues raised at this hearing and were sought for a benign purpose of determining the legitimate educational needs of the child (see Family Ct Act § 1089 [d] [2] [v]; compare Matter of Blaize F. [Christopher F.], 74 AD3d at 1454-1455; Matter of Stampfler v Snow, 290 AD2d at 596).

Mercure, J.E, Lahtinen, Malone Jr. and Garry, JJ., concur. Ordered that the order is modified, on the law, without costs, by reversing so much thereof as limited respondent’s visitation with the child to one day per week; respondent’s visitation shall be extended to allow for additional visitation by respondent with the child on Saturdays at the residential facility where the child resides; and, as so modified,' affirmed.

1

Respondent has other children who are not involved in this proceeding.

2

A Family Ct Act article 10 petition brought against the stepfather has been withdrawn.

3

We reach this result even though petitioner now supports respondent’s request that the child be returned to his home.

4

This finding should not be interpreted as an approval by this Court of the practices employed by Family Court in this proceeding (see Matter of Blaize F. [Christopher F], 74 AD3d at 1455; Matter of Stampfler v Snow, 290 AD2d at 596).