MATTER OF NO GIVEN NAME M. (YOSHIKO M.)

Docket No. B-19027/18. Appeal No. 14813. Case No. 2021-00611.

200 A.D.3d 495 (2021)

155 N.Y.S.3d 311

2021 NY Slip Op 06923

In the Matter of No Given Name M., Also Known as Neftali, a Child Alleged to be Neglected. Yoshiko M., Appellant; The Children's Village, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 9, 2021.


Attorney(s) appearing for the Case

Michele Cortese , Center for Family Representation, Inc., New York ( Carmen Tellez and Emily Wall of counsel), for appellant.

Rosin Steinhagen Mendel, New York ( Melissa Wagshul of counsel), for respondent.

Karen Freedman , Lawyers for Children Inc., New York ( Shirim Nothenberg of counsel), attorney for the child.

Concur—Kapnick, J.P., Moulton, González, Rodriguez, Pitt, JJ.


The record presents "exceptional circumstances" to warrant an extension of the suspended judgment (see Family Ct Act § 633[b]; Matter of Michael B., 80 N.Y.2d 299, 311 [1992]). The only consistent compliance with mandated mental health services known to the agency during the suspended judgment period was for four months, from June through October 2020, and the permanent neglect finding was due to the mother's failure...

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