Opinion
05-31-2016
In re RAKEEM M., and Others, Children Under the Age of Eighteen Years, etc. Marissa M., Respondent–Appellant, The Administration for Children's Services, Petitioner–Respondent.
Tennille M. Tatum–Evans, New York, for appellant. Zachary W. Carter, Corporation Counsel, New York (Tahirih M. Sadrieh of counsel), for respondent. Carol L. Kahn, New York, for Rakeem M., child. Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for Bles M., child. Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), for Raymond M., child.
Tennille M. Tatum–Evans, New York, for appellant. Zachary W. Carter, Corporation Counsel, New York (Tahirih M. Sadrieh of counsel), for respondent.
Carol L. Kahn, New York, for Rakeem M., child.
Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for Bles M., child.
Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), for Raymond M., child.
Opinion Order of fact-finding, Family Court, New York County (Stewart H. Weinstein, J.), entered on or about January 14, 2014, which, after a hearing, found that respondent neglected the subject children, unanimously affirmed, without costs.
Petitioner established by a preponderance of the evidence that the children's physical, mental or emotional condition had been impaired or was in imminent danger of becoming impaired as a result of respondent having her family live a transient, homeless lifestyle, sleeping in subways, 24–hour restaurants, or storage facilities (see Matter of Ronald Anthony G. [Sammantha J.], 83 A.D.3d 608, 922 N.Y.S.2d 53 [1st Dept.2011] ). Such an arrangement left the children without shelter and relegated them to eating junk food for their meals. Respondent's poor decision-making also led to the molestation of her daughter by a felon who also stayed in the storage facility. The Family Court properly declined to credit the mother's and daughter's recantation of the details of the abuse (see Matter of Martha Z., 288 A.D.2d 706, 707, 732 N.Y.S.2d 717 [3d Dept.2001] ).
Furthermore, by allowing her children to spend their days in the library with their computers, under the guise of “home-schooling,” without approval from the Board of Education, respondent educationally neglected them, as this amounted to no more than absenteeism from school (see Matter of Kaila A. [Reginald A.-Lovely A.], 95 A.D.3d 421, 942 N.Y.S.2d 789 [1st Dept.2012] ; Matter of Joyitha M. [Reshmi M.], 121 A.D.3d 900, 901, 994 N.Y.S.2d 393 [2d Dept.2014] ).
TOM, J.P., MAZZARELLI, ANDRIAS, MANZANET–DANIELS, GESMER, JJ., concur.