Opinion
14923 Dkt. Nos. NN-03292-/16, NN-03293/16 Case No. 2020–03256
12-28-2021
In the MATTER OF KAMRYN D., and Another, Children Under Eighteen Years of Age, etc., Sharon L., Respondent–Appellant, v. Kelvin D., Respondent, Administration for Children's Services, Petitioner–Respondent.
Marion C. Perry, Brooklyn, for appellant. Georgia M. Pestana, Corporation Counsel, New York (Deborah E. Wassel of counsel), for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the children.
Marion C. Perry, Brooklyn, for appellant.
Georgia M. Pestana, Corporation Counsel, New York (Deborah E. Wassel of counsel), for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the children.
Webber, J.P., Mazzarelli, Gesmer, Gonza´lez, Rodriguez, JJ.
Order, Family Court, Bronx County (Alma M. Gomez, J.), entered on or about July 18, 2019, which, after a hearing, determined that respondent mother neglected the subject children, unanimously affirmed, without costs.
The finding of neglect is supported by a preponderance of evidence ( Family Ct Act § 1012[f][i][B] ; § 1046[b]), which shows that respondent, the mother of one of the subject children and grandmother of the other, knew or should have known that her adult sons were engaged in narcotics trafficking in the apartment where they were living with her and the children (see Matter of Taliya G. [Jeannie M.], 67 A.D.3d 546, 889 N.Y.S.2d 40 [1st Dept. 2009] ). The detective who executed the search warrant testified that he saw drug-packaging materials and several bags of narcotics in respondent's apartment and discovered marijuana in respondent's bedroom, where one of the children was staying. To the extent respondent was not engaged in the sale of narcotics, she nevertheless placed the children in proximity to accessible narcotics and to narcotics trafficking, thereby creating an imminent danger to their physical, mental, and emotional condition (see Family Ct Act § 1012[f][i] ; Matter of Eliani M.-R. [Sonia M.], 172 A.D.3d 636, 102 N.Y.S.3d 181 [1st Dept. 2019] ; Matter of Essleiny A. [Rafael A.], 142 A.D.3d 862, 862–863, 37 N.Y.S.3d 542 [1st Dept. 2016], lv denied 28 N.Y.3d 911, 2016 WL 7396976 [2016] ).
We have considered respondent's remaining arguments and find them unavailing.