Opinion
2018–08479 Docket No. NN–17725–17
10-02-2019
In the MATTER OF CHRISTIAN M. (Anonymous). Suffolk County Department of Social Services, Respondent; v. Jill L. (Anonymous), Appellant.
Heather A. Fig, Bayport, NY, for appellant. Dennis M. Brown, County Attorney, Central Islip, N.Y. (Jennifer L. Basile of counsel), for respondent. Judd & Moss, P.C., Ronkonkoma, N.Y. (Francine H. Moss of counsel), attorney for the child.
Heather A. Fig, Bayport, NY, for appellant.
Dennis M. Brown, County Attorney, Central Islip, N.Y. (Jennifer L. Basile of counsel), for respondent.
Judd & Moss, P.C., Ronkonkoma, N.Y. (Francine H. Moss of counsel), attorney for the child.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, LEONARD B. AUSTIN, HECTOR D. LASALLE, JJ.
DECISION & ORDER In a proceeding pursuant to Family Court Act article 10, the mother appeals from an order of fact-finding and disposition of the Family Court, Suffolk County (Bernard Cheng, J.), dated July 12, 2018. The order of fact-finding and disposition, upon a decision of the same court dated June 18, 2018, made after a fact-finding hearing, inter alia, found that the mother neglected the subject child. The notice of appeal from the decision is deemed to be a notice of appeal from the order of fact-finding and disposition (see CPLR 5512[a] ).
ORDERED that the order of fact-finding and disposition is affirmed, without costs or disbursements.
Contrary to the mother's contention, giving deference to the Family 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 ; Matter of Dylan G. [Victor M.] , 119 A.D.3d 786, 787, 989 N.Y.S.2d 321 ), there was sufficient evidence adduced at the fact-finding hearing of the mother's repeated misuse of prescription medication and marijuana to establish a prima facie case of neglect (see Family Ct. Act § 1046[a][iii] ; Matter of Giah A. [Israel A.] , 154 A.D.3d 841, 842, 62 N.Y.S.3d 173 ; Matter of Michael D. [Michael D.] , 151 A.D.3d 851, 851, 54 N.Y.S.3d 299 ; Matter of Audrey K. [Erik K.] , 108 A.D.3d 717, 717, 968 N.Y.S.2d 891 ; see also Matter of Ishaq B. [Lea B.] , 121 A.D.3d 889, 889–890, 994 N.Y.S.2d 405 ; Matter of Maria Daniella R. [Maria A.] , 84 A.D.3d 1384, 1385, 924 N.Y.S.2d 294 ). The mother, who was not participating in a rehabilitative program at the time of the hearing, failed to rebut this prima facie showing (see Matter of Chrystal W. [Renee W.] , 136 A.D.3d 835, 835–836, 26 N.Y.S.3d 288 ). Accordingly, we agree with the Family Court's determination that the mother neglected the child.
BALKIN, J.P., CHAMBERS, AUSTIN and LASALLE, JJ., concur.