Opinion
06-15-2017
In re ALONZO R., A Child Under the Age of Eighteen Years, etc., Stephanie R., Respondent–Appellant, Administration for Children's Services, Petitioner–Respondent.
Law Office Of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Seymour W. James, Jr. of counsel), attorney for the child.
Law Office Of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Seymour W. James, Jr. of counsel), attorney for the child.
Order of disposition, Family Court, Bronx County (Sarah P. Cooper, J.), entered on or about April 8, 2016, to the extent it brings up for review a fact-finding order, same court and Judge, entered on or about April 8, 2016, which found that respondent mother had neglected the subject child, unanimously affirmed, without costs. Appeal from the fact-finding order unanimously dismissed, without costs, as subsumed in the appeal from the order of disposition.
A preponderance of the evidence shows that the mother neglected the child by permitting the child to live in the home of a person she had never met and whose full name and address were unknown to her; failing to provide that person with documentation necessary for the child to receive dental treatment; failing to provide the child with financial support; and failing to act after learning that the child was homeless for several months (see Family Ct. Act §§ 1012[f][i][A], [B] ; 1046[b][i]; Matter of Kimberly F. [Maria F.], 146 A.D.3d 562, 45 N.Y.S.3d 75 [1st Dept.2017], lv. denied 29 N.Y.3d 902, 2017 N.Y. Slip Op. 68601, 2017 WL 1137238 [2017]; Matter of Joelle T. [Laconia W.], 140 A.D.3d 513, 513–514, 34 N.Y.S.3d 15 [1st Dept.2016] ). The mother's conduct and the testimony of the caseworkers demonstrated her clear intention to abdicate her parental responsibilities, despite her claims of illness and poverty (see Kimberly F., 146 A.D.3d at 563, 45 N.Y.S.3d 75 ; Joelle T., 140 A.D.3d at 514, 34 N.Y.S.3d 15 ).
TOM, J.P., RENWICK, MANZANET–DANIELS, KAPNICK, JJ., concur.