Matter of Sebastian R. (Debra S.)

Summary

The Appellate Division, Second Department reviewed a Family Court proceeding involving a finding that the mother derivatively neglected the subject child. The court dismissed portions of the appeal concerning consent-based disposition orders and affirmed the derivative-neglect finding, concluding that the mother's prior neglect of four older children supported summary judgment.

Holdings

1. The appeal from the order dated June 28, 2017, was dismissed because the appealed portion was superseded by the order of disposition and was reviewable on the appeal from that disposition order.
2. The appeal from the portions of the order of disposition that placed the child with the father under supervision and limited the mother's parental access to supervised access was dismissed because no appeal lies from an order entered upon the consent of the appealing party.
3. The appeal was properly before the court insofar as it brought up for review the finding of derivative neglect because that finding had been contested in Family Court.
4. The Family Court properly granted summary judgment finding that the mother derivatively neglected the subject child.

Questions Presented

1. Whether the appeal from the Family Court order granting summary judgment was properly before the Appellate Division after entry of the order of disposition.
2. Whether an appeal lies from portions of an order of disposition entered upon the mother's consent.
3. Whether the mother derivatively neglected the subject child based on the prior neglect of four older children.
4. Whether the mother raised a triable issue of fact or otherwise established that the condition underlying the prior neglect findings no longer existed.

Disposition

other