In re Ivette R., 282 A.D.2d 751 (N.Y. App. Div. 2001). · Go Syfert
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In re Ivette R., 282 A.D.2d 751 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Diana N. (Kim N.)
N.Y. App. Div. · 2016 · confidence medium
The record shows that the mother’s husband sexually abused the oldest child for seven years, that one of the other children observed an incident of sexual abuse, and that the mother failed to protect the child from the abuse (Family Ct Act § 1012 [e] [iii]; Matter of Ivette R., 282 AD2d 751, 751 [2d Dept 2001]; Matter of Ashley M.V. [Victor V.], 106 AD3d 659 [1st Dept 2013]).
discussed Cited as authority (rule) In re Jani Faith B.
N.Y. App. Div. · 2013 · confidence medium
The court also properly determined that appellant had smoked marijuana and was drinking prior to the incident because his stepdaughter credibly testified that she saw him doing so and he failed to rebut these allegations (see Matter of Ivette R., 282 AD2d 751, 751-752 [2d Dept 2001]).
discussed Cited as authority (rule) In re Jani Faith B.
N.Y. App. Div. · 2013 · confidence medium
The court also properly determined that appellant had smoked marijuana and was drinking prior to the incident because his stepdaughter credibly testified that she saw him doing so and he failed to rebut these allegations (see Matter of Ivette R., 282 AD2d 751, 751-752 [2d Dept 2001]).
discussed Cited "see, e.g." In re Alexis C.
N.Y. App. Div. · 2006 · signal: see also · confidence low
By allowing her fiancé to remain in the home and by taking no further action, the appellant was neglectful and by reason thereof also derivatively neglectful of her two other children (see Matter of Jasmine B., supra; Matter of Krystin M., supra; see also Matter of Ivette R., 282 AD2d 751 [2001]; Matter of Christina P., supra; Matter of Jennifer G., 261 AD2d 823 [1999]).
Retrieving the full opinion text from the archive…
In the Matter of Ivette R., a Child Alleged to be Abused and Neglected. Martha R., Appellant Administration for Children's Services
Appellate Division of the Supreme Court of the State of New York.
Apr 30, 2001.
282 A.D.2d 751
Cited by 6 opinions  |  Published

—In an abuse proceeding pursuant to Family Court Act article 10, the mother appeals from an order of disposition of the Family Court, Kings County (Lopez-Torres, J.), dated September 28, 1999, which, upon a fact-finding order of the same court (McLeod, J.), dated March 1, 1999, made after a hearing, finding that she had abused the child, placed the child in the father’s custody. The appeal brings up for review the fact-finding order.

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

The finding of abuse was supported by a preponderance of the evidence (see, Family Ct Act § 1046 [b] [i]). The child, who was 11 years old at the time of the fact-finding hearing, recounted various acts of sexual abuse perpetrated upon her by the mother’s boyfriend. The child also testified that she informed her mother that such abuse was taking place, yet her mother continued to allow the boyfriend to reside with them. Accordingly, the Family Court properly found that the child was abused within the meaning of Family Court Act § 1012 (e) (iii) and placed her in her father’s custody (see, Matter of Jasmine O., 222 AD2d 240; Matter of Alan G., 185 AD2d 319;[*752] see also, Matter of Nicole T., 178 AD2d 849; Matter of Danielle M., 151 AD2d 240).

Contrary to the contentions of the Law Guardian and the Administration for Children’s Services, the appeal from that part of the dispositional order as placed the child in the father’s custody is not academic, as the placement is not time-limited. Altman, J. P., Krausman, Luciano and Cozier, JJ., concur.