Opinion
5515 5516
01-25-2018
IN RE CHERON B., Jr., A Dependent Child Under the Age of Eighteen Years, etc., Vanessa G., Respondent–Appellant, v. Administration for Children's Services, Petitioner–Respondent, Cheron B., Respondent.
Steven N. Feinman, White Plains, for appellant. Zachary W. Carter, Corporation Counsel, New York (Diana Lawless of counsel), for respondent. Diaz & Moskowitz, PLLC, New York (Hani M. Moskowitz of counsel), attorney for the child.
Steven N. Feinman, White Plains, for appellant.
Zachary W. Carter, Corporation Counsel, New York (Diana Lawless of counsel), for respondent.
Diaz & Moskowitz, PLLC, New York (Hani M. Moskowitz of counsel), attorney for the child.
Manzanet–Daniels, J.P., Gische, Tom, Gesmer, Singh, JJ.
Order, Family Court, New York County (Karen I. Lupuloff, J.), entered on or about May 5, 2017, which granted petitioner agency's motion for summary judgment finding that respondent mother had derivatively neglected the subject child, unanimously affirmed, without costs.
Petitioner made a prima facie showing of derivative neglect as to the subject child, based on the prior findings of neglect against the mother with respect to her older children and evidence that she had failed to ameliorate the conditions that led to those findings (Matter of Phoenix J. [Kodee J.], 129 A.D.3d 603, 12 N.Y.S.3d 64 [1st Dept. 2015] ; see also Family Ct Act § 1046 [a][i] ). The prior findings of neglect, the continued placement of the older children in foster care, the termination of the mother's parental rights to the older children, and the mother's noncompliance with court-ordered services all support the Family Court's finding ( id. ; Matter of Jaci Robert B.A. [Kobi R.], 138 A.D.3d 550, 551, 30 N.Y.S.3d 56 [1st Dept 2016] ).
We have considered the mother's remaining arguments and find them unavailing.