2017 NY Slip Op 01537
March 1, 2017
2012 New York Slip Op 50257
The question before the court is whether an admission and positive toxicology report for marijuana use is enough to establish neglect according to the Family Court Act 1012 (f)(1)(B) or Section 1046 (a)(iii). It is the contention of the Administrator of Children Services (ACS) that it is. The ACS claims that the mother’s use of marijuana establishes a case for parental wrongdoing and that a prima facie case isn’t defended by merely showing that the children weren’t harmed. The ACS said that dismissing the petition because of its failure to prevent any tangible evidence of harm is an error of law.
The mother contends that her infant’s positive toxicology for marijuana is in and of itself insufficient proof. It doesn’t prove that the child was harmed or put in any kind of danger. She claims that relying only on the report fails to make a causative connection to the surrounding circumstances.
2016 NY Slip Op. 08222
This appeal was brought by the plaintiff from an order of the Supreme Court of Queens County, October 16, 2014. The order granted portions of the motion which awarded child support and maintenance payments in the amount of $4,887. And $1965. Respectively.
2016 Slip Op. 08192
December 7, 2016
This case is an appeal by the plaintiff for an order by the Supreme Court. One order granted the plaintiff’s motion to put the action on calendar for a settlement conference and ask for the dismissal of a complaint against the defendant and Anne Hoffman. This order denied the plaintiff the opportunity to reargue a motion requesting a dismissal of the complaint, insofar as it is asserted against Helena Behan.
Slip Op 02376
Gabriella was tried as a person who needed supervision (PINS) and placed on one year’s probation. A juvenile delinquency petition was filed against Gabriella alleging physical abuse by her mother. She appeared in family court based on PINS violations and the court eventually remanded her to a detention facility. Gabriella left the facility. Her probation officer, Flores, tried to obtain a PINS warrant.
In March, the police visited Gabriella’s home to execute a warrant. She admits she did not comply and go quietly. Eventually, despite her protests she was taken into custody.
The neglect proceeding was heard pursuant to Article 10 of the Family Court Act. The Respondent has been accused of perpetuating various acts of violence against the children’s mother in front of the children and has been accused of using excessive corporal punishment. R was also accused of being an alcoholic. R was also prosecuted in criminal court which was dismissed.
The Respondent said that criminal records should not have been used (the arresting officer used them to refresh his memory).
On cross-examination, the officer testified that before attending the neglect proceeding he had reviewed criminal paperwork, the Domestic Incident Report (DIR) and his memo book to refresh his memory.
The Defendant is charged with Endangering the Welfare of a Child, in violation of Penal Law § 260.10(1), and two counts of Public Lewdness, in violation of Penal Law § 245. It is alleged, in sum and substance, that on March 15, 2008, at approximately 2:10 p.m. and 2:40 p.m., in a public men’s room at the Mall, the Defendant “did expose his penis and masturbate his penis with his hand in clear view of the victim, a 13 year old boy.”
A lawyer said that the Defendant was allegedly identified by the boy and held by Mall security until the police arrived following their notification. The Defendant was placed under arrest, at approximately 3:20 p.m. on the date of the alleged incident outside and escorted to a police substation on the Mall’s lower level by two Nassau County Police Officers. At approximately 4:15 p.m., following questioning by a Nassau County Detective, the Defendant signed a three and one-half page statement regarding the alleged events.
The Defendant challenges the admissibility of this statement with a three prong attack. The Defendant alleges that the statement was the result of a custodial interrogation and that he was never advised of his rights pursuant to Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602 (1966). In the alternative, the Defendant argues that, even if he was advised of his rights, he was unable to make a knowing, intelligent and voluntary waiver thereof due to the fact that he suffers from an obsessive compulsive disorder (“OCD”) which, combined with the effects the arrest and interrogation procedures had on his condition, prevented him from comprehending these rights. Pursuant to stipulation of the parties, on July 29, 2009, July 30, 2009, August 12, 2009, October 1, 2009 and November 5, 2009 the court conducted a hearing pursuant to People v. Huntely, 15 NY2d 72, 255 NYS2d 838 (1965) regarding the voluntariness of statements attributed to the Defendant following his arrest on March 15, 2008.