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In re Kyesha A.

In the Matter of Kyesha A., Alleged to be an Abused and Neglected Child. Rose M. Pandozy, as Commissioner of the Clinton County Department of Social Services, Respondent Gloria B., (And Two Other Related Proceedings.)

In re Kyesha A., 176 A.D.2d 381 (1991)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
September 12, 1991
Judges
Weiss
Citations
176 A.D.2d 381

Opinion of the Court — Weiss

Text extracted by OCR from a scanned original; check the original for exact wording.

Weiss, J.

Appeal from an order of the Family Court of Clinton County (Lewis, J.), entered February 26, 1990, which, inter alia, granted petitioner’s application, in a proceeding pursuant to Family Court Act article 10, to adjudicate respondent’s grandchild to be neglected.

On August 4, 1989 respondent, the maternal grandmother, left Kyesha A. (age five) with a certified day care provider and made provisions to return for the child in 2 to 4 days. When respondent failed to return, the child was removed pursuant to Family Court Act § 1028. Petitioner’s investigation located respondent in a shelter in Vermont. Further investigations determined that respondent did not have legal custody and that the child had been taken without permission of her mother, who herself was a minor and had been abandoned as a baby; that respondent had prostitution charges pending in Canada; that respondent and the child lived an itinerant life; *382 and that the child had been subject to sexual abuse in the past. After extended hearings, Family Court concluded that the child was a neglected child. Respondent appeals.

A significant portion of respondent’s argument on this appeal is directed to the preponderance of the evidence and the interpretation of evidence. However, Family Court failed to make any findings of fact essential to its conclusion of neglect as required (see, CPLR 4213 [b]; Family Ct Act § 1051; Matter of Lisa S., 142 AD2d 973 ; Matter of Erika M., 97 AD2d 847 ; see also, Matter of Jose L. I., 46 NY2d 1024, 1025-1026 ). Accordingly, the matter must be remitted to Family Court for a detailed statement of the facts it deemed essential to its determination.

Casey, J. P., Yesawich Jr., Mercure and Harvey, JJ., concur. Ordered that the decision is withheld, and the matter remitted to the Family Court of Clinton County for further proceedings not inconsistent with this court’s decision.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1992: 31993: 21994: 12000: 12013: 119922026peak 1992 · 3

Relies on it most ⓘ

  1. In re Dezarae T.110 A.D.3d 1396 (2013)
  2. Allen v. Black275 A.D.2d 207 (2000)
  3. In re Anita U.185 A.D.2d 378 (1992)
  4. Young v. Hasselman188 A.D.2d 891 (1992)
  5. Congdon v. Congdon200 A.D.2d 836 (1994)
  6. In re Kyesha A.182 A.D.2d 996 (1992)

Most recent

  1. In re Dezarae T.110 A.D.3d 1396 (2013)
  2. Allen v. Black275 A.D.2d 207 (2000)
  3. Congdon v. Congdon200 A.D.2d 836 (1994)
  4. Lamkins v. Goddeau193 A.D.2d 832 (1993)
  5. In re Dennis D.191 A.D.2d 751 (1993)
  6. Young v. Hasselman188 A.D.2d 891 (1992)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
In re I., 46 N.Y.2d 1024 (1979) 86
In re Nugent, 97 A.D.2d 847 (1983) 3
In re Lisa S., 142 A.D.2d 973 (1988) 2

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