next permanency hearing in New York

2019The mother's appeal from so much of the permanency hearing order as continued the subject child's placement in the custody of the petitioner until the completion of the next permanency hearing must be dismissed as academic, as that portion of the order has expired ( see Matter of Victoria B. [Jonathan M.] , 164 AD3d 578 , 580; Matter of Jayline J. [Jarren J.] , 156 AD3d 701 ; Matter of Elizabeth C. [Omar C.] , 156 AD3d 193, 198-199 ; Matter of Agam B. [Janna W.] , 143 AD3d 702, 702-703 ; Matter of Grayson J. [Sharon H.] , 119 AD3d 575, 576 ).

2019The Family Court granted the motion, finding, inter alia, that the mother's conviction should be given collateral estoppel effect, placed the children in the custody of the Commissioner of Social Services of the City of New York [*2](hereinafter the Commissioner) until the completion of the next permanency hearing, and, in effect, denied the mother's motions seeking parental access with Jeffrey, Jr. The appeal from so much of the order of disposition as placed Jeffrey, Jr., in the custody of the Commissioner until the next permanency hearing and, in effect, denied the mother's motions seeking

2024However, the appeal from so much of the order of disposition as brings up for review the finding that the father neglected the child is not academic, as the adjudication of neglect constitutes a permanent and significant stigma which might indirectly affect the father's status in future proceedings ( see Matter of Hanah A. [Kristy M.] , 194 AD3d 922, 923 ). "[A] party seeking to establish neglect must show, by a preponderance of the evidence, first, that a child's physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and second, that the actual

2017Additionally, the appeal from so much of the order of disposition as placed the subject child in the custody of the Commissioner of Social Services of the City of New York until the conclusion of the next permanency hearing, which was to commence on July 27, 2016, must be dismissed as academic, as the period of placement has already expired (see id. at 896 ; Matter of Dalia G. [Frank B.], 128 AD3d 821, 823 [2015]). “[T]o establish neglect of a child, the petitioner must demonstrate, by a preponderance of the evidence, (1) that the child’s physical, mental, or emotional condition has been impai

2016The appeal from so much of the order of disposition as placed the subject children in the custody of the Administration for Children’s Services through the completion of the next permanency hearing must be dismissed as academic, as that portion of the order has expired (see Matter of Jason Brian B., 33 AD3d 995 [2006]).

2016The appeal, which is from so much of an order of disposition as placed the child in the custody of the Commissioner of Social Services of Kings County until the completion of the next permanency hearing, must be dismissed as academic, as the next permanency hearing has been completed (see Matter of Adriel R. [David P.], 117 AD3d 744 , 745 [2014]; Matter of Ifeiye O., 53 AD3d 501, 501-502 [2008]; Matter of Jason Brian B., 33 AD3d 995 [2006]).

2021The appeal from so much of the order of disposition as continued the placement of the children in the custody of the Commissioner of Social Services of Orange County until the completion of the next permanency hearing is dismissed as academic, as additional permanency hearings have thereafter been held ( see Matter of Grace M. [Leighton M.] , 180 AD3d 912, 912 ; Matter of Peter T. [Shay S.P.] , 173 AD3d 1043 , 1045).

2020The appeal from so much of the order of disposition as continued the placement of the subject children in the custody of the Westchester County Commissioner of Social Services until the completion of the next permanency hearing is dismissed as academic as additional permanency hearings have thereafter been held ( see Matter of Grace M. [Leighton M.] , 180 AD3d 912, 912 ; Matter of Peter T. [Shay S.P.] , 173 AD3d 1043 , 1045).

2017Ordered that the father’s appeal from the order of fact-finding dated October 23, 2013, is dismissed, without costs or disbursements, as the order of fact-finding was superseded by the order of disposition, and is brought up for review on the father’s appeal from the order of disposition; and it is further, Ordered that the appeals from so much of the order of disposition as placed the subject child in the custody of the Commissioner of Social Services of Queens County until the completion of the next permanency hearing are dismissed as academic, without costs or disbursements, as the period o

2017Ordered that the appeal from the order of fact-finding is dismissed, without costs or disbursements, as the order of fact-finding was superseded by the order of disposition, and is brought up for review on the appeal from the order of disposition; and it is further, Ordered that the appeal from so much of the order of disposition as placed the subject child in the custody of the Commissioner of Social Services until the completion of the next permanency hearing is dismissed as academic, without costs or disbursements, as the period of placement has expired (see Matter of Dior Z.J. [Dior J.], 1

2022Furthermore, to the extent the mother is challenging the dispositional finding regarding the children's placement, that aspect of the order is academic as the date scheduled for the next permanency hearing has passed and the placement has reportedly been superseded by a later order issued in another neglect proceeding brought on behalf of all four children directing temporary removal from the paternal grandparents' home ( see Matter of Tiara G. [Cheryl R.] , 102 AD3d 611 , 612 [1st Dept 2013], lv denied 21 NY3d 855 [2013]; Matter of Breeyanna S. , 52 AD3d 342, 342 [1st Dept 2008], lv denied 11

2022Furthermore, to the extent the mother is challenging the dispositional finding regarding the children's placement, that aspect of the order is academic as the date scheduled for the next permanency hearing has passed and the placement has reportedly been superseded by a later order issued in another neglect proceeding brought on behalf of all four children directing temporary removal from the paternal grandparents' home ( see Matter of Tiara G. [Cheryl R.] , 102 AD3d 611 , 612 [1st Dept 2013], lv denied 21 NY3d 855 [2013]; Matter of Breeyanna S. , 52 AD3d 342, 342 [1st Dept 2008], lv denied 11

2017The appeal by the mother from so much of the order of disposition dated April 8, 2014, and the appeal by the father from so much of the order of disposition dated August 20, 2014, as continued placement of the subject children with the Commissioner of Social Services of the City of New York until the completion of the next permanency hearing, must be dismissed as academic, as the period of placement has expired (see Matter of Tayleese M.C. [Tunisha H.], 127 AD3d 1077, 1077 [2015]; Matter of Kaleb B. [Harold S.], 119 AD3d 780, 780 [2014]).

2017The appeals from so much of the first order of fact-finding and disposition as placed the subject child Cody W. in the custody of the Suffolk County Department of Social Services until the completion of the next permanency hearing, and so much of the second order of fact-finding and disposition as released the subject children Ronell L.L and Roniyah L.L. to their mother under the supervision of the Suffolk County Department of Social Services for a period of one year must be dismissed as academic, as the periods of placement and release, respectively, have expired (see Matter of Tayleese M.C.

2017The appeal by the mother from so much of the order of disposition dated April 8, 2014, and the appeal by the father from so much of the order of disposition dated August 20, 2014, as continued placement of the subject children with the Commissioner of Social Services of the City of New York until the completion of the next permanency hearing, must be dismissed as academic, as the period of placement has expired (see Matter of Tayleese M.C. [Tunisha H.], 127 AD3d 1077, 1077 [2015]; Matter of Kaleb B. [Harold S.], 119 AD3d 780, 780 [2014]).

2017The appeals from so much of the first order of fact-finding and disposition as placed the subject child Cody W. in the custody of the Suffolk County Department of Social Services until the completion of the next permanency hearing, and so much of the second order of fact-finding and disposition as released the subject children Ronell L.L and Roniyah L.L. to their mother under the supervision of the Suffolk County Department of Social Services for a period of one year must be dismissed as academic, as the periods of placement and release, respectively, have expired (see Matter of Tayleese M.C.

2016Although the mother’s challenge to the disposition is moot inasmuch as it is undisputed that superseding permanency orders have since been entered (see Matter of Alexander M. [Michael M.], 83 AD3d 1400, 1401 [2011], lv denied 17 NY3d 704 [2011]; see generally Matter of Kadyn J. [Kelly M.H.], 109 AD3d 1158 , 1161 [2013]), her appeal also brings up for review the order of fact-finding determining that she neglected the child (see Matter of Bradley M.M. [Michael M.—Cindy M.], 98 AD3d 1257, 1258 [2012]).

2016Although the mother’s challenge to the disposition is moot inasmuch as it is undisputed that superseding permanency orders have since been entered (see Matter of Alexander M. [Michael M.], 83 AD3d 1400, 1401 [2011], lv denied 17 NY3d 704 [2011]; see generally Matter of Kadyn J. [Kelly M.H.], 109 AD3d 1158 , 1161 [2013]), her appeal also brings up for review the order of fact-finding determining that she neglected the child (see Matter of Bradley M.M. [Michael M.—Cindy M.], 98 AD3d 1257, 1258 [2012]).

2016Although the mother’s challenge to the disposition is moot inasmuch as it is undisputed that superseding permanency orders have since been entered (see Matter of Alexander M. [Michael M.], 83 AD3d 1400, 1401 [2011], lv denied 17 NY3d 704 [2011]; see generally Matter of Kadyn J. [Kelly M.H.], 109 AD3d 1158 , 1161 [2013]), her appeal also brings up for review the order of fact-finding determining that she neglected the child (see Matter of Bradley M.M. [Michael M.—Cindy M.], 98 AD3d 1257, 1258 [2012]).

2016Although the mother’s challenge to the disposition is moot inasmuch as it is undisputed that superseding permanency orders have since been entered (see Matter of Alexander M. [Michael M.], 83 AD3d 1400, 1401 [2011], lv denied 17 NY3d 704 [2011]; see generally Matter of Kadyn J. [Kelly M.H.], 109 AD3d 1158 , 1161 [2013]), her appeal also brings up for review the order of fact-finding determining that she neglected the child (see Matter of Bradley M.M. [Michael M.—Cindy M.], 98 AD3d 1257, 1258 [2012]).

2017The appeal from so much of the order of disposition as placed the child in the custody of the Commissioner of Social Services of the City of New York until the completion of the next permanency hearing must be dismissed as academic, as that portion of the order has expired (see Matter of Justin P. [Damien P.], 148 AD3d 903, 903-904 [2017]; Matter of Grayson J. [Sharon H.], 119 AD3d 575, 576 [2014]; Matter of Diamonte O. [Tiffany R.], 116 AD3d 866 [2014]).

2017The appeal from so much of the order of disposition as placed the child in the custody of the Commissioner of Social Services of the City of New York until the completion of the next permanency hearing must be dismissed as academic, as that portion of the order has expired (see Matter of Grayson J. *904 [Sharon H.], 119 AD3d 575, 576 [2014]; Matter of Diamonte O. [Tiffany R.], 116 AD3d 866 [2014]).

2017Ordered that the father’s appeal from the order of fact-finding dated October 23, 2013, is dismissed, without costs or disbursements, as the order of fact-finding was superseded by the order of disposition, and is brought up for review on the father’s appeal from the order of disposition; and it is further, Ordered that the appeals from so much of the order of disposition as placed the subject child in the custody of the Commissioner of Social Services of Queens County until the completion of the next permanency hearing are dismissed as academic, without costs or disbursements, as the period o

2017Ordered that the appeal from the order of fact-finding is dismissed, without costs or disbursements, as the order of fact-finding was superseded by the order of disposition, and is brought up for review on the appeal from the order of disposition; and it is further, Ordered that the appeal from so much of the order of disposition as placed the subject child in the custody of the Commissioner of Social Services until the completion of the next permanency hearing is dismissed as academic, without costs or disbursements, as the period of placement has expired (see Matter of Dior Z.J. [Dior J.], 1

2019However, since an adjudication of abuse or neglect constitutes a permanent and significant stigma that might indirectly affect the mother's status in future proceedings, the appeal from so much of the order of disposition as brings up for review the findings of abuse and derivative abuse, as set forth in the order of fact-finding, has not been rendered academic ( see Matter of Linda F. [Jose F.] , 119 AD3d 944, 945 ).

2015However, the appeal from the portion of the order of disposition that brings up for review so much of the order of fact-finding dated July 11, 2011, as found that the father neglected and derivatively neglected the subject children is not academic, since an adjudication of neglect constitutes a permanent and significant stigma that might indirectly affect the father’s status in future proceedings (see Matter of Linda F. [Jose F.], 119 AD3d 944, 945 [2014]).

2016The appeal, which is from so much of an order of disposition as placed the child in the custody of the Commissioner of Social Services of Kings County until the completion of the next permanency hearing, must be dismissed as academic, as the next permanency hearing has been completed (see Matter of Adriel R. [David P.], 117 AD3d 744 , 745 [2014]; Matter of Ifeiye O., 53 AD3d 501, 501-502 [2008]; Matter of Jason Brian B., 33 AD3d 995 [2006]).

2014The appeal from so much of the order of disposition as placed the subject child in the custody of the Commissioner of the New York City Department of Social Services until the next permanency hearing must be dismissed as academic, as the period of placement has expired (see Matter of Emanuel Q. [Luis M.], 73 AD3d 1181 [2010]; Matter of Ifeiye O., 53 AD3d 501 [2008]).

2024D. to the custody of that child's nonrespondent mother until the completion of the next permanency hearing must be dismissed as academic, as the periods of placement have expired ( see Matter of Zana C. [Dana F.] , 171 AD3d 1045 , 1046; Matter of Michael G. [Marie S.F.] , 152 AD3d 590, 590 ).

2021The appeal from so much of the order of disposition as placed the child in the custody [*2]of the Commissioner of Social Services of the City of New York until the completion of the next permanency hearing must be dismissed as academic, as the period of placement has expired ( see Matter of Zana C. [Dana F.] , 171 AD3d 1045 , 1047; Matter of Michael G. [Marie S.F.] , 152 AD3d 590, 590 ).

2019The appeals from the permanency hearing orders and so much of the order of fact-finding and disposition as directed that the child remain in the custody of the petitioner until the completion of the next permanency hearing are academic, as additional permanency hearings have since been held ( see Matter of Peter T., Jr. [Shay S. P.] , ___ AD3d ___ [Appellate Division Docket No. 2018-09769; decided herewith]; see also Matter of Victoria B. [Jonathan M.] , 164 AD3d 578 , 580; Matter of Jayline J. [Jarren J.] , 156 AD3d 701, 701-702 ; Matter of Elizabeth C. [Omar C.] , 156 AD3d 193, 198-199 ; Mat

2019The mother's appeal from so much of the permanency hearing order as continued the subject child's placement in the custody of the petitioner until the completion of the next permanency hearing must be dismissed as academic, as that portion of the order has expired ( see Matter of Victoria B. [Jonathan M.] , 164 AD3d 578 , 580; Matter of Jayline J. [Jarren J.] , 156 AD3d 701 ; Matter of Elizabeth C. [Omar C.] , 156 AD3d 193, 198-199 ; Matter of Agam B. [Janna W.] , 143 AD3d 702, 702-703 ; Matter of Grayson J. [Sharon H.] , 119 AD3d 575, 576 ).

2019The mother's appeal from so much of the permanency hearing order as continued the subject child's placement in the custody of the petitioner until the completion of the next permanency hearing must be dismissed as academic, as that portion of the order has expired ( see Matter of Victoria B. [Jonathan M.] , 164 AD3d 578 , 580; Matter of Jayline J. [Jarren J.] , 156 AD3d 701 ; Matter of Elizabeth C. [Omar C.] , 156 AD3d 193, 198-199 ; Matter of Agam B. [Janna W.] , 143 AD3d 702, 702-703 ; Matter of Grayson J. [Sharon H.] , 119 AD3d 575, 576 ).

2019The appeals from the permanency hearing orders and so much of the order of fact-finding and disposition as directed that the child remain in the custody of the petitioner until the completion of the next permanency hearing are academic, as additional permanency hearings have since been held ( see Matter of Peter T., Jr. [Shay S. P.] , ___ AD3d ___ [Appellate Division Docket No. 2018-09769; decided herewith]; see also Matter of Victoria B. [Jonathan M.] , 164 AD3d 578 , 580; Matter of Jayline J. [Jarren J.] , 156 AD3d 701, 701-702 ; Matter of Elizabeth C. [Omar C.] , 156 AD3d 193, 198-199 ; Mat

2017The appeal from so much of the order of disposition as placed the subject child in the custody of her maternal grandparents until the completion of the next permanency hearing must be dismissed as academic, as that portion of the order has expired (see Matter of Jemima M. [Aura M.], 151 AD3d 862 [2017]; Matter of Justin P. [Damien P.], 148 AD3d 903 [2017]).

2017The appeal from so much of the order of disposition as placed the child in the custody of the Commissioner of Social Services of the City of New York until the completion of the next permanency hearing must be dismissed as academic, as that portion of the order has expired (see Matter of Justin P. [Damien P.], 148 AD3d 903, 903-904 [2017]; Matter of Grayson J. [Sharon H.], 119 AD3d 575, 576 [2014]; Matter of Diamonte O. [Tiffany R.], 116 AD3d 866 [2014]).