Appellate Division, Second Department · September 30, 2026 · 2026 NY Slip Op 05540
Matter of Naila P. (Althea P.)
Read the official decision: 2026 NY Slip Op 05540
Holding The Appellate Division reversed the Family Court’s denial of the mother’s motion to modify the order of fact-finding and disposition. The court held that the mother was entitled to a suspended judgment and vacatur of the neglect finding based on her lack of prior history, compliance with services, and the child’s best interests.
The court’s words
the mother had no prior child protective history; the record demonstrates the mother's compliance with services, medication, and therapy
2026 NY Slip Op 05540, at the official text
a suspended judgment leading to vacatur of the neglect finding was in the child's best interests because the mother would have access to employment opportunities in childcare
2026 NY Slip Op 05540, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 30, 2026 |
| Citation | 2026 NY Slip Op 05540 |
| Area of law | Family Law |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05540 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 715 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Naila P. (Althea P.), 2026 NY Slip Op 05540 (Appellate Division, Second Department, September 30, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05540/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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