Opinion
2013-04-4
In re ELIJAH J., and Another, Children Under the Age of Eighteen Years, etc., Yvonda M., Respondent–Appellant, Administration for Children's Services, Petitioner–Respondent.
Dora M. Lassinger, East Rockaway, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Diana Lawless of counsel), for respondent.
Dora M. Lassinger, East Rockaway, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Diana Lawless of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Patricia Colella of counsel), attorney for the children.
TOM, J.P., ANDRIAS, SAXE, ABDUS–SALAAM, GISCHE, JJ.
Order of fact-finding, Family Court, Bronx County (Jane Pearl, J.), entered on or about January 18, 2012, which, after a hearing, found that respondent mother had neglected the subject children, unanimously affirmed, without costs. Appeal from orders of disposition, same court and Judge, entered on or about April 9, 2012, unanimously dismissed as abandoned, without costs.
A preponderance of the evidence supports the findings of neglect ( seeFamily Ct. Act § 1046[b][i] ). Family Court properly found that the subject children's physical, mental or emotional condition is in imminent danger of becoming impaired, since the mother left the children, then ages 4 and 15, with their 21–year–old brother for over a week without sufficient food, shelter, or clothing ( seeFamily Ct. Act § 1012[f][i][A]; Matter of Lah De W. [Takisha W.], 78 A.D.3d 523, 523–524, 911 N.Y.S.2d 327 [1st Dept. 2010] ).
The Family Court also properly found neglect based on the mother's regular misuse of marijuana ( seeFamily Ct. Act § 1012[f][i][B]; Matter of Keoni Daquan A. [Brandon W.–April A.], 91 A.D.3d 414, 415, 937 N.Y.S.2d 160 [1st Dept. 2012] ). The mother's entry into a drug treatment program after the relevant statutory time period is unavailing ( see Matter of Messiah C. [Laverne C.], 95 A.D.3d 449, 450, 942 N.Y.S.2d 867 [1st Dept. 2012] ). Under the circumstances, petitioner agency was not required to prove actual or imminent impairment to the children ( see Matter of Keoni, 91 A.D.3d at 415, 937 N.Y.S.2d 160).
There is no basis to disturb the court's credibility determinations ( see Matter of Irene O., 38 N.Y.2d 776, 777, 381 N.Y.S.2d 865, 345 N.E.2d 337 [1975] ).