Matter of Aleena M. (Rose J.)
Docket 186 CAF 25-00668
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 02535
- Docket
- 186 CAF 25-00668
Appeal from an order of Family Court (Onondaga County) in a proceeding under Family Court Act article 10 determining respondent Thomas M. neglected the subject child.
Summary
The Appellate Division, Fourth Department affirmed Family Court's March 17, 2025 order in a child-protective proceeding under Family Court Act article 10, which had found that respondent Thomas M. neglected the child Aleena M. The appeal challenged that neglect determination; the appellate court issued a short per curiam affirmance, adopting the reasoning set out in its separate memorandum in Matter of Akeem M. (Thomas M.). The court thus left undisturbed the Family Court's findings and disposition holding Thomas M. neglectful.
Issues Decided
- Whether the Family Court properly determined that Thomas M. neglected the subject child in a proceeding under Family Court Act article 10.
- Whether the Appellate Division should disturb the Family Court's findings and disposition as to neglect.
Court's Reasoning
The appellate court unanimously affirmed without costs, adopting the memorandum previously issued in Matter of Akeem M. (Thomas M.) as the controlling analysis. The court found no basis to overturn Family Court's factfinding or legal conclusions regarding neglect, and therefore deferred to the lower court's determinations. The brevity of the opinion indicates the appellate court concluded the Family Court's ruling was supported by the record and consistent with applicable law.
Authorities Cited
- Family Court Act article 10
- Matter of Akeem M. (Thomas M.)AD3d — (Apr. 24, 2026) (4th Dept)
Parties
- Petitioner
- Onondaga County Department of Children and Family Services
- Respondent
- Rose J.
- Respondent-Appellant
- Thomas M.
- Attorney
- Thomas L. Pelych
- Attorney
- Robert A. Durr
- Attorney
- Andrew S. Greenberg
- Judge
- Christina F. DeJoseph
Key Dates
- Family Court order date
- 2025-03-17
- Appellate Division decision date
- 2026-04-24
What You Should Do Next
- 1
Consult counsel about further review
If Thomas M. wishes to pursue further appellate review, he should discuss with counsel the possibility and likelihood of obtaining permission to appeal to the Court of Appeals and any filing deadlines.
- 2
Comply with Family Court orders
All parties should continue to comply with any ongoing Family Court orders or service plans stemming from the neglect determination unless and until those orders are changed.
- 3
Request modification if circumstances change
A party affected by the orders may apply to Family Court for modification if there is a substantial change in circumstances or to seek relief from specific requirements.
Frequently Asked Questions
- What did the court decide?
- The appellate court affirmed the Family Court's ruling that Thomas M. neglected the child, leaving that finding and related orders in place.
- Who is affected by this decision?
- The primary parties affected are the child (Aleena M.), respondent Thomas M., and the Onondaga County Department of Children and Family Services, which sought the neglect finding.
- What happens next after this affirmance?
- The Family Court's orders based on the neglect finding remain effective; any relief or services ordered by Family Court continue unless modified by further proceedings.
- Can this decision be appealed further?
- A further appeal to the New York Court of Appeals is possible only in limited circumstances, typically by permission; affected parties should consult counsel about any leave to appeal.
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 Aleena M. (Rose J.) - 2026 NY Slip Op 02535 Matter of Aleena M. (Rose J.) 2026 NY Slip Op 02535 April 24, 2026 Appellate Division, Fourth Department IN THE MATTER OF ALEENA M. ONONDAGA COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, PETITIONER-RESPONDENT; v ROSE J., RESPONDENT, AND THOMAS M., RESPONDENT-APPELLANT. (APPEAL NO. 3.) Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department Decided on April 24, 2026 186 CAF 25-00668 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 March 17, 2025, in a proceeding pursuant to Family Court Act article 10. The order, inter alia, determined that respondent Thomas M. 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