Matter of Ahmilia M. (Thomas M.)
Docket 185 CAF 24-01570
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- New York
- Court
- Appellate Division of the Supreme Court of the State of New York
- Type
- Opinion
- Case type
- Family
- Disposition
- Affirmed
- Citation
- 2026 NY Slip Op 02534
- Docket
- 185 CAF 24-01570
Appeal from a Family Court order entered September 19, 2024, in a proceeding under Family Court Act article 10 determining respondent neglected the child.
Summary
The Appellate Division, Fourth Department affirmed a Family Court order that found Thomas M. neglected the child Ahmilia M. This appeal challenged the Family Court’s neglect determination in a proceeding brought by the Onondaga County Department of Children and Family Services under Family Court Act article 10. The appellate court relied on the same reasoning and memorandum it used in a companion case (Matter of Akeem M. (Thomas M.)) and concluded there were no reversible errors, so the Family Court’s ruling stands and costs were denied.
Issues Decided
- Whether the Family Court erred in determining that the respondent neglected the child under Family Court Act article 10
- Whether the record supported the neglect finding and the conclusions reached by Family Court
Court's Reasoning
The Appellate Division reviewed the Family Court’s neglect determination and found no reversible error in its factual findings or legal conclusions. The panel adopted the same memorandum and reasoning it used in a companion appeal involving the same respondent, indicating the evidence and legal analysis sufficiently supported the neglect determination. Because the appellate court found the Family Court’s decision was correct, it affirmed the order.
Authorities Cited
- Family Court Act article 10
- Matter of Akeem M. (companion memorandum)AD3d — (Apr. 24, 2026) [4th Dept 2026]
Parties
- Petitioner
- Onondaga County Department of Children and Family Services
- Respondent
- Thomas M.
- Attorney
- Thomas L. Pelych
- Attorney
- Robert A. Durr
- Attorney
- Lisa S. Cuomo
- Attorney
- Andrew S. Greenberg
- Judge
- Christina F. DeJoseph
Key Dates
- Family Court order entered
- 2024-09-19
- Appellate Division decision
- 2026-04-24
What You Should Do Next
- 1
Consult counsel about further appeal
If the respondent wishes to pursue further review, he should promptly consult his attorney about applying for leave to appeal to the New York Court of Appeals and calendar deadlines.
- 2
Comply with Family Court orders
The respondent should comply with any ongoing Family Court orders (services, visitation conditions, or case plans) to avoid additional enforcement action.
- 3
Review companion opinion
Review the Court’s memorandum in Matter of Akeem M. for the detailed reasoning the panel adopted and to identify any issues for potential further review.
Frequently Asked Questions
- What did the court decide?
- The appellate court affirmed the Family Court’s finding that Thomas M. neglected the child, leaving that judgment in place.
- Who is affected by this decision?
- The decision directly affects Thomas M. and the subject child, and it upholds the Department of Children and Family Services’ successful neglect petition.
- What happens next for the respondent?
- Because the Appellate Division affirmed, Thomas M. remains subject to whatever Family Court orders and services or restrictions were imposed; options for further review are limited.
- Can this decision be appealed further?
- A party may seek leave to appeal to the Court of Appeals, but such appeals are discretionary and time-limited; consulting counsel promptly is advisable.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Matter of Ahmilia M. (Thomas M.) - 2026 NY Slip Op 02534 Matter of Ahmilia M. (Thomas M.) 2026 NY Slip Op 02534 April 24, 2026 Appellate Division, Fourth Department IN THE MATTER OF AHMILIA M. ONONDAGA COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, PETITIONER-RESPONDENT; v THOMAS M., RESPONDENT-APPELLANT. (APPEAL NO. 2.) Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department Decided on April 24, 2026 185 CAF 24-01570 Present: Curran, J.P., Montour, Smith, Ogden, And Delconte, JJ. THOMAS L. PELYCH, HORNELL, FOR RESPONDENT-APPELLANT. ROBERT A. DURR, COUNTY ATTORNEY, SYRACUSE (LISA S. CUOMO OF COUNSEL), FOR PETITIONER-RESPONDENT. ANDREW S. GREENBERG, SYRACUSE, ATTORNEY FOR THE CHILD. Appeal from an order of the Family Court, Onondaga County (Christina F. DeJoseph, J.), entered September 19, 2024, in a proceeding pursuant to Family Court Act article 10. The order, inter alia, determined that respondent had neglected the subject child. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs. Same memorandum as in Matter of Akeem M. (Thomas M.) ([appeal No. 1] — AD3d — [Apr. 24, 2026] [4th Dept 2026]). Entered: April 24, 2026 Ann Dillon Flynn