Opinion
01-13-2016
In the Matter of MORGENE R. (Anonymous). Administration for Children's Services, petitioner-respondent; Leah A. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Daniel R. (Anonymous), Jr. Administration for Children's Services, petitioner-respondent; Leah A. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Raymond A. (Anonymous). Administration for Children's Services, petitioner-respondent; Leah A. (Anonymous), appellant, et al., respondent. (Proceeding No. 3).
Lisa Lewis, Brooklyn, N.Y., for appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Scott Shorr and Susan P. Greenberg of counsel), for petitioner-respondent. Zvi Ostrin, New York, N.Y., attorney for the children.
Lisa Lewis, Brooklyn, N.Y., for appellant.
Zachary W. Carter, Corporation Counsel, New York, N.Y. (Scott Shorr and Susan P. Greenberg of counsel), for petitioner-respondent.
Zvi Ostrin, New York, N.Y., attorney for the children.
Appeal from an order of disposition of the Family Court, Kings County (Ilana Gruebel, J.), dated November 18, 2014. The order of disposition, insofar as appealed from, after a hearing, placed the subject children in the custody of the Commissioner of Social Services. The order of disposition brings up for review an order of fact-finding of that court dated August 4, 2014, which, after a hearing, found that the mother neglected the subject children.
ORDERED that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.
The Administration for Children's Services filed petitions alleging, inter alia, that the appellant, who is the mother of the children Raymond A., Morgene R., and Daniel R., Jr., had neglected the children by engaging in physical and verbal altercations in the presence of the child Raymond A. After a fact-finding hearing, the Family Court found that the appellant had neglected the child Raymond A. and derivatively neglected the children Daniel R., Jr., and Morgene R.
The Family Court's finding that the mother neglected the child Raymond A. is supported by a preponderance of the evidence (see Family Ct. Act § 1012[f] [i], [B] ; Matter of Tamara D. [Randolph P.], 120 A.D.3d 813, 991 N.Y.S.2d 377 ; Matter of Ariella S. [Krystal C.], 89 A.D.3d 1092, 1093, 934 N.Y.S.2d 422 ; Matter of Ndeye D. [Benjamin D.], 85 A.D.3d 1026, 1027, 926 N.Y.S.2d 119 ; Matter of Kiara C. [David C.], 85 A.D.3d 1025, 926 N.Y.S.2d 566 ; Matter of Kaleb B. [Harold S.], 119 A.D.3d 780, 781, 989 N.Y.S.2d 345 ). The petitioner further established, by a preponderance of the evidence, that the mother derivatively neglected the children Daniel R., Jr., and Morgene R. (see Matter of
Kaleb B. [Harold S.], 119 A.D.3d at 781, 989 N.Y.S.2d 345 ).
MASTRO, J.P., HALL, MALTESE and LaSALLE, JJ., concur.