Appeal from an order of the Family Court, Ontario County (Frederick G. Reed, J.), entered August 8, 2018 in a proceeding pursuant to Family Court Act article 10. The order, among other things, continued the subject child's placement with petitioner until the completion of the next permanency hearing. Calla Brewster is the mother of Thomas Brewster (dob 11/7/97) and Dagan Brewster (dob 12/11/07). Petitioner filed a neglect petition against mother. The court granted temporary placement of the boys to petitioner pending the hearing. A hearing was held and prior to the next scheduled permanency hearing, scheduled for December 18, 2013, petitioner filed a permanency hearing report recommending that the boys be placed with their grandmothers in Florida for the short term, with the long term goal of returning them to mother. Immediately thereafter, the attorney for the mother notified the court by letter that the mother was moving to Florida. The attorney notified the court that mother would not be able to appear in person for the next permanency hearing and asked for permission for her to appeal by telephone. The court denied mother's request to appear only by telephone. The court subsequently made a finding of neglect. An order was entered upon default placing the children in the care and custody of petitioner pending the next permanency hearing. Mother appealed and this Court remitted the matter to Family Court for a new dispositional hearing with respect to Dagan (#422/16; CAF 14-906; [W] EMP L D N). Upon remittal the court held a dispositional hearing and placed the child in the care and custody of petitioner pending the next permanency hearing. This Court dismissed an appeal by mother (172 AD3d 1905 [4th Dept. 2019]; # 319/19; Appeal no. 1; CAF 17-1274; [W] C EMP D JW). The court subsequently issued an amended order which among other things, placed the subject child under the care and custody of petitioner pending the next permanency hearing. This Court dismissed an appeal by mother (172 AD3d 1906 [4th Dept. 2019] #320/19; Appeal no. 2; CAF17-1536; [W] C EMP D JW). After a permanency hearing the court ordered that the child?s placement with petitioner continue until the completion of the next permanency hearing (Appeal no. 1; CAF 18-1669). The court issued a subsequent order continuing the child?s placement with petitioner until the completion of the next permanency hearing (Appeal no. 2; CAF 19-188). After a dispositional hearing the court, among other things terminated respondent?s parental rights (Appeal no. 3 CAF 19-2064).
There will be a brief bar admission ceremony at 10:00am followed by oral arguments in their regular order.
CPLR art 78 Proceeding Transferred by Order of
CPL art 440
SHERRY A. CHASE | SUB | |
MICHAEL J. HILLERY | SUB |
Sex Offender Registration Act
BRIDGET L. FIELD | SUB |
Criminal Sale Controlled Substance
JANE I. YOON | SUB | |
JOSHUA J. TONRA | SUB |
Unauthorized Use Vehicle
KATHRYN B. FRIEDMAN | 5 | |
SCOTT MYLES | SUB |
Criminal Possession Weapon
CAROLYN ROSE WALTHER | 10 | |
NANCY GILLIGAN | 10 |
Criminal Possession Weapon
MARK C. DAVISON | 10 | |
V. CHRISTOPHER EAGGLESTON | 5 |
Murder
KRISTEN N. MCDERMOTT | 15 | |
KENNETH H. TYLER, JR. | 10 |
Criminal Possession Weapon
CAITLIN M. CONNELLY | 10 | |
DARIENN P. BALIN | 10 |
Neglect
Terminate Parental Rights
Family Offense
CARA A. WALDMAN | 10 | |
PAUL WENDELL BLEAKLEY | SUB |
Visitation
Discovery
MARK W. BLANCHARD | 15 | |
STEVEN LAZAR | 15 | |
ELLIS M. OSTER | SUB | |
MICHAEL C. MANNIELLO | 15 |
Neglect
ANTHONY PETER BELLETIER, JR. | 10 | |
TODD G. MONAHAN | SUB | |
MAGGIE SEIKALY | 10 | |
SUSAN B. MARRIS | 5 |
Summary Judgment
KIMBERLY CAMPBELL | 10 | |
DANIEL W. ISAACS |
Summary Judgment
CPLR art 78
CHARLIE MIXON | SUB | |
DAVID WHITTEMORE | SUB |
Summary Judgment
PETER H STOCKMANN | SUB | |
JENNA W. KLUCSIK | 10 |
Personal Injury
Summary Judgment
MICHAEL P. STACY | 10 | |
BRENT C. SEYMOUR | 15 |
Summary Judgment
If you are unable to access the archive of a particular argument because of a disability, please contact Alan Ross, Deputy Clerk of the Court and the Court’s designated ADA Liaison (by e-mail at aross@nycourts.gov or by telephone at 585-530-3102), to request a reasonable accommodation.
ASSISTED LISTENING devices are available in each courtroom during arguments. Please see a court attendant when you enter the courtroom.
CLOSED CAPTIONING is available while viewing archived (not live) oral arguments. Hover your mouse over the video and click the [cc] icon to activate the captions. Please note: these captions are generated by a computer algorithm and are not considered a transcript of the proceedings.
Periodically the court may suspend a broadcast to protect the privacy interests of individuals in matters before the Court.