Opinion
2015-02853, 2015-02855, Docket Nos. N-1174-14, N-1175-14, N-1177-14.
05-25-2016
In the Matter of KIAMAL E. (Anonymous). Administration for Children's Services, petitioner-respondent; Kim R. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 1) In the Matter of Esther E. (Anonymous). Administration for Children's Services, petitioner-respondent; Kim R. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 2) In the Matter of Trevor E. (Anonymous), Jr. Administration for Children's Services, petitioner-respondent; Kim R. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 3).
Lisa Lewis, Brooklyn, NY, for respondent-appellant. Zachary W. Carter, Corporation Counsel, New York, NY (Scott Shorr and Jeremy W. Shweder of counsel), for petitioner-respondent. Seymour W. James, Jr., New York, NY (Tamara A. Steckler and Susan Clement of counsel), attorney for the children.
Lisa Lewis, Brooklyn, NY, for respondent-appellant.
Zachary W. Carter, Corporation Counsel, New York, NY (Scott Shorr and Jeremy W. Shweder of counsel), for petitioner-respondent.
Seymour W. James, Jr., New York, NY (Tamara A. Steckler and Susan Clement of counsel), attorney for the children.
Opinion Appeals from (1) an order of fact-finding of the Family Court, Kings County (Daniel Turbow, J.), dated March 26, 2015, and (2) an order of disposition of that court, also dated March 26, 2015. The order of fact-finding, after a hearing, found that the mother neglected the children Kiamal E. and Trevor E., Jr., and, and, in effect, derivatively neglected the child Esther E. The order of disposition placed the children in the custody of the Commissioner of Social Services.
ORDERED that the appeal from the order of fact-finding is dismissed, without costs or disbursements, as the order of fact-finding was superseded by the order of disposition, and is brought up for review on the appeal from the order of disposition; and it is further, ORDERED that the order of disposition is affirmed, without costs or disbursements.
This appeal arises from a finding that the mother, Kim R., neglected her two sons, Kiamal E. and Trevor E., Jr., and derivatively neglected her daughter, Esther E., by failing to ensure that Kiamal E. and Trevor E., Jr., regularly and timely attended school.
“At a fact-finding hearing in a neglect proceeding pursuant to Family Court Act article 10, the petitioner has the burden of proving by a preponderance of the evidence that the subject children were neglected” (Matter of Khalil M. [Ebony A.], 94 A.D.3d 1003, 1003, 942 N.Y.S.2d 370 ; see Family Ct. Act § 1046 [b][i]; Matter of Tammie Z., 66 N.Y.2d 1, 3, 494 N.Y.S.2d 686, 484 N.E.2d 1038 ; Matter of Joyitha M. [Reshmi M.], 121 A.D.3d 900, 901, 994 N.Y.S.2d 393 ). Here, the evidence at the fact-finding hearing established that the mother neglected the children Kiamal E. and Trevor E., Jr., by failing to supply them with an adequate education (see Family Ct. Act § 1012[f][i] [A] ). The petitioner met its burden by submitting evidence that Kiamal E. and Trevor E., Jr., both had excessive school absences and tardiness, which had a detrimental impact on their academic development (see Matter of Joyitha M. [Reshmi M.], 121 A.D.3d at 901, 994 N.Y.S.2d 393 ; Matter of Jadaquis B. [Sameerah B.], 116 A.D.3d 448, 448, 984 N.Y.S.2d 309 ; Matter of Teresa L. [Tina L.], 106 A.D.3d 1008, 1009, 965 N.Y.S.2d 382 ; Matter of Khalil M. [Ebony A.], 94 A.D.3d at 1003, 942 N.Y.S.2d 370 ; Matter of Santino B. [Lisette C.], 93 A.D.3d 1086, 1088, 941 N.Y.S.2d 743 ). Contrary to the mother's contention, she failed to offer credible evidence in support of a reasonable justification for the children's absences and tardiness (cf. Matter of Jennifer N., 173 A.D.2d 971, 569 N.Y.S.2d 480 ).
The evidence at the hearing also supported the Family Court's finding that the mother derivatively neglected the child Esther E. (see Family Ct. Act § 1046 [a] [i] ; Matter of John N., 19 A.D.3d 497, 499, 798 N.Y.S.2d 464 ).
RIVERA, J.P., AUSTIN, ROMAN and COHEN, JJ., concur.