In re Catherine P., 269 A.D.2d 702 (N.Y. App. Div. 2000). · Go Syfert
In re Catherine P., 269 A.D.2d 702 (N.Y. App. Div. 2000). Cases Citing This Book View Copy Cite
13 citation events (11 in the last 25 years) across 1 distinct court.
Strongest positive: In re Armani KK. (nyappdiv, 2011-02-03)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) In re Armani KK.
N.Y. App. Div. · 2011 · confidence medium
Family Court based its finding on the evidence and the mother’s admissions to certain allegations in the petition, not on any consent by the mother to a finding of neglect (see Matter of Jerrica J., 2 AD3d 1161, 1163 [2003]; Matter of Catherine P., 269 AD2d 702, 702-703 [2000], lv denied 95 NY2d 751 [2000]).
discussed Cited as authority (rule) In re Lauren L.
N.Y. App. Div. · 2010 · confidence medium
Family Court is accorded considerable discretion in crafting conditions that advance the best interests of the children (see Matter of Catherine P., 269 AD2d 702, 703 [2000], Iv denied 95 NY2d 751 [2000]; see also Matter of Todd NN. [Todd OO.], 75 AD3d 813, 814 [2010]).
discussed Cited as authority (rule) Janet N. v. Arthur N.
N.Y. App. Div. · 2010 · confidence medium
Initially, as the result of the entry of subsequent orders of Family Court, the father’s appeal in proceeding No. 1 must be dismissed as moot (see Matter of Andrew L. [Cassi M.], 68 AD3d 1477, 1478 [2009]; Matter of Kila DD., 34 AD3d 1168, 1169 [2006]). 2 As for the grandparents’ appeal in proceeding No. 2, we first note that to the extent that the grandmother challenges Family Court’s denial of her guardianship and kinship foster care applications, those claims are not properly before this Court because the record does not contain a notice of appeal with respect to dismissals of those a…
discussed Cited as authority (rule) In re Naricia Y.
N.Y. App. Div. · 2009 · confidence medium
Notwithstanding Family Court’s considerable discretion regarding the nature of the conditions (see Family Ct Act § 1056 [1] [h]; Matter of Caitlyn U., 48 AD3d 934, 935 [2008], lvs denied 10 NY3d 710 [2008]; Matter of Catherine P., 269 AD2d 702, 703 [2000], lv denied 95 NY2d 751 [2000]; Matter of Joyce SS., 234 AD2d 797, 800 [1996]), we find no record evidence that the conditions imposed here were necessary to promote the best interests of the children (compare Matter of Joyce SS., 234 AD2d at 800 ).
discussed Cited as authority (rule) In re Caitlyn U.
N.Y. App. Div. · 2008 · confidence medium
Family Court’s issuance of orders of protection also was authorized (see Family Ct Act § 1056), and we find no abuse of the court’s discretion in effectively prohibiting the stepfather from residing with the children given that he has not acknowledged the past abuse, the mother still believes him to be innocent and she failed to protect Caitlyn from him when they resided together in the past (see Matter of Catherine P., 269 AD2d 702, 703 [2000], lv denied 95 NY2d 751 [2000]; Matter of Christopher O., 211 AD2d 980, 981 [1995]; Matter of Nichole B., 175 AD2d 205, 205-206 [1991]).
discussed Cited as authority (rule) In re Amanda WW.
N.Y. App. Div. · 2007 · confidence medium
The Family Court Act provides for successive extensions of supervision “upon a hearing and for good cause shown” (Family Ct Act § 1057; see Matter of Caleb L., 289 AD2d 902, 902 [2001]; Matter of Catherine E, 269 AD2d 702, 703 [2000], lv denied 95 NY2d 751 [2000]), and also permits the issuance of orders of protection “in assistance or as a condition of” orders extending supervision (Family Ct Act § 1056 [1]; see Matter of Sheena D., 8 NY3d 136, 139 [2007]).
discussed Cited as authority (rule) Crane v. Lopez-Arias
N.Y. App. Div. · 2003 · confidence medium
Findings made by Family Court typically remain undisturbed on appeal unless they are found to lack a sound basis in the record (see Matter of Shaun X., 300 AD2d 772, 773 [2002]; Matter of Simpson v Simrell, 296 AD2d 621, 621 [2002]; Matter of Catherine P., 269 AD2d 702, 703 [2000], lv denied 95 NY2d 751 [2000]).
Retrieving the full opinion text from the archive…
In the Matter of Catherine P., a Child Alleged to be Neglected. St. Lawrence County Department of Social Services, Respondent Robin Q., (And Another Related Proceeding.)
Appellate Division of the Supreme Court of the State of New York.
Feb 24, 2000.
269 A.D.2d 702
2000 N.Y. App. Div. LEXIS 2086
Graffeo.
Cited by 11 opinions  |  Published
Graffeo, J.

Appeals from two orders of the Family Court of St. Lawrence County (Nelson, J.), entered March 17, 1998, which, inter alia, granted petitioner’s applications, in two proceedings pursuant to Family Court Act article 10, to adjudicate respondent’s two children and his stepdaughter to be neglected.

In May 1997 petitioner filed petitions against respondent alleging neglect of his two children and one stepchild. Orders of protection were entered which prevented respondent from having any contact with the children. After negotiations between the parties, respondent admitted to certain allegations contained in the petitions and Family Court adjudicated the three children to be neglected.

Respondent now appeals, contending that his admissions[*703] were insufficient to support Family Court’s findings of neglect. We disagree. The record reveals that respondent admitted to specific and repeated acts of physical abuse, including hitting the three children in the head, face and back, which often left bruises and welts. Additionally, respondent physically abused the children’s mother in their presence and compelled the children to strike their mother with threats of additional abuse. Hence, the record amply demonstrates that the children were subjected to physical harm and exposed to instances of domestic violence in which their physical, mental and emotional conditions were impaired as a result of respondent’s failure to exercise a minimum degree of care (see, Family Ct Act § 1012 [f] [i] [B]; Matter of Kathleen GG. v Kenneth II., 254 AD2d 538; Matter of Kim HH., 239 AD2d 717; Matter of Tami G., 209 AD2d 869, lv denied 85 NY2d 804). Based on respondent’s admissions and the hearing testimony, we conclude that Family Court’s findings of neglect were adequately supported by a preponderance of the evidence (see, Matter of Tabatha WW., 260 AD2d 669, lv denied 93 NY2d 815).

Next, respondent asserts that his admissions did not warrant the issuance of orders of protection which forbade contact with the children except as supervised by petitioner. It is well settled that a Family Court determination regarding visitation will not be disturbed unless it lacks a sound basis in the record (see, Matter of Shawn Y., 263 AD2d 687). Family Court also has the authority to issue an order of protection (see, Family Ct Act § 1056) and require supervision for one year, which may be extended after a hearing upon good cause (see, Family Ct Act § 1057). Here, Family Court clearly did not abuse its discretion in granting orders of protection which it found to be in the best interests of the children, especially in light of the repeated instances of physical abuse and respondent’s current incarceration on a rape conviction (cf., Matter of Joyce SS., 234 AD2d 797; Matter of Christina I., 226 AD2d 789, lv denied 88 NY2d 808; Matter of William GG., 222 AD2d 752, lv denied 87 NY2d 811).

To the extent that respondent argues that Family Court improperly extended the order of protection regarding his stepdaughter, that issue is not properly before this Court since respondent did not appeal from that order (see, Finch, Pruyn & Co. v Niagara Paper Co., 228 AD2d 834, appeal dismissed 88 NY2d 979).

We have considered respondent’s remaining contentions and find them to be either unpreserved for appeal or lacking in merit.

[*704] Cardona, P. J., Crew III, Spain and Carpinello, JJ., concur. Ordered that the orders are affirmed, without costs.