In re Jeremiah Emmanuel R., 101 A.D.3d 571 (N.Y. App. Div. 2012). · Go Syfert
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In re Jeremiah Emmanuel R., 101 A.D.3d 571 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
35 citation events (35 in the last 25 years) across 3 distinct courts.
Strongest positive: People v. McCullough (nyappdiv, 2026-05-01)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. McCullough (2×)
N.Y. App. Div. · 2026 · confidence medium
Defendant's contention that County Court erred when it denied a challenge for cause to prospective juror No. 8 is unpreserved inasmuch as defendant did not join in the challenge for cause to that juror made by codefendant ( see CPL 470.05 [2]; People v Gonzalez , 170 AD3d 558, 558 [1st Dept 2019], lv denied 33 NY3d 1031 [2019]; People v Toledo , 101 AD3d 571, 571 [1st Dept 2012], lv denied 21 NY3d 947 [2013]; see also People v Buckley , 75 NY2d 843, 846 [1990]).
discussed Cited as authority (rule) People v. Hernandez
N.Y. App. Div. · 2026 · confidence medium
In any event, defendant seeks a reduction in fines and court fees, to which defendant would be entitled if he can establish that he is unable to pay the fine because of indigency ( see CPL 420.10 (5); People v Toledo , 101 AD3d 571, 571 [1st Dept 2012], lv denied 21 NY3d 947 [2013]).
discussed Cited "see" People v. Vega (Angelita)
N.Y. App. Term. · 2022 · signal: see · confidence high
The prospective juror's statements, "in context and as a whole," did not cast serious doubt on her ability to follow the court's instructions and render an impartial verdict ( Chambers , 97 NY2d at 419 ; see People v Toledo , 101 AD3d 571 [2012]).
discussed Cited "see" People v. Razzak (Akib)
N.Y. App. Term. · 2021 · signal: see · confidence high
The panelist's statements "in context and as a whole" did not cast serious doubt on her ability to follow the court's instructions and render an impartial verdict based on the evidence adduced at trial ( People v Chambers , 97 NY2d 417, 419 [2002]; see People v Toledo , 101 AD3d 571 [2012], lv denied 21 NY3d 947 [2013]).
Retrieving the full opinion text from the archive…
In the Matter of Jeremiah Emmanuel R. and Another, Children Alleged to be Permanently Neglected. Sylvia C., Appellant Leake and Watts Services, Inc.
Appellate Division of the Supreme Court of the State of New York.
Dec 20, 2012.
101 A.D.3d 571
Published

Petitioner met its burden of establishing, by clear and convincing evidence, that the children were permanently neglected (see Social Services Law § 384-b [7] [a]). Respondent failed to plan for the future of her children despite the diligent efforts of the agency to strengthen and encourage her relationship with the children by, among other things, scheduling visitation with them, providing respondent with referrals for appropriate services, and assisting respondent in obtaining suitable housing (see Matter of Shaqualle Khalif W. [Denise W.], 96 AD3d 698, 698-699 [1st Dept 2012]). Respondent failed to remain drug and alcohol free or to secure appropriate housing or employment, and she interacted poorly with the children during visitation. Consistent visitation with the children does not preclude a finding of permanent neglect where, as here, there is a failure to plan for the children’s future (see Matter of Jonathan Jose T., 44 AD3d 508, 509 [1st Dept 2007]).

Respondent’s contention that she was deprived of a fair trial because the court asked questions regarding how one of her older children felt when respondent refused to allow her to be adopted and whether she was concerned with the children’s wishes regarding adoption that were speculative and/or lacked a foundation is unavailing. Respondent’s perception of and response to the children’s wishes and needs is material and relevant to the issue of whether or not it was in the children’s best interest that they be freed for adoption (see Family Ct Act § 624; Matter of Jamaal DeQuan M., 24 AD3d 667, 668 [2d Dept 2005]; Matter of Chelsea K, 15 AD3d 794, 794-795 [3d Dept 2005], lv dismissed 4 NY3d 869 [2005]; Matter of Ricky A.B., 15 AD3d 838, 839 [4th Dept 2005]).

Lastly, a preponderance of the evidence establishes that it is in the best interests of the children to terminate respondent’s parental rights (see Matter of Khalil A. [Sabree A.], 84 AD3d 632 [1st Dept 2011]). The children have been residing in a stable and nurturing environment with their foster mother, who[*573] is willing and able to adopt them, for approximately 3V2 years. In view of the foregoing, a suspended judgment is not appropriate (see id.; Matter of Fernando Alexander B. [Simone Anita W.], 85 AD3d 658, 659 [1st Dept 2011]). Concur — Tom, J.P., Sweeny, DeGrasse, Manzanet-Daniels and Clark, JJ.