Matter of Annabella C. (Sandra C.)

Summary

The Appellate Division, Fourth Department, affirmed an order adjudging the respondent mother to have neglected the subject child in a Family Court Act article 10 proceeding. The court held that the mother's argument for dismissal under Family Court Act § 1051(c) was unpreserved because she had not moved for that relief and, in any event, lacked merit.

Holdings

1. The mother's contention was not preserved for appellate review because she never moved for dismissal under Family Court Act § 1051(c).
2. Even if the contention had been preserved, it was without merit.

Questions Presented

1. Whether the mother's contention that the neglect petition should have been dismissed under Family Court Act § 1051(c) was preserved for appellate review.
2. If preserved, whether the contention had merit.

Disposition

affirmed