Opinion
1199A, 1199, 1198.
05-19-2016
In re IVANIA L.V., and Another, Children Under the Age of Eighteen Years, etc., Liz C., Respondent–Appellant, Commissioner of Social Services of the City of New York, Petitioner–Respondent.
Steven N. Feinman, White Plains, for appellant. Zachary W. Carter, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for respondent.
Steven N. Feinman, White Plains, 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 (Diane Pazar of counsel), attorney for the children. Order of disposition, Family Court, New York County (Clark V. Richardson, J.), entered on or about December 11, 2014, which, to the extent it brings up for review fact-finding orders, same court and Judge, entered on or about August 6, 2014 and November 10, 2014, found that respondent mother neglected her son and derivatively neglected her daughter, unanimously affirmed, without costs. Appeal from fact-finding orders, unanimously dismissed, without costs, as subsumed in the appeal from the order of disposition.
The mother does not challenge the Family Court's finding that she educationally neglected her son, and we find that a preponderance of the evidence supports the court's finding that she also neglected him by failing to provide him with adequate food, clothing, and shelter (see e.g. Matter of Shawntay S.
[Stephanie R.], 114 A.D.3d 502, 979 N.Y.S.2d 815 [1st Dept. 2014] ; Matter of Amondie T. [Karen S.], 107 A.D.3d 498, 968 N.Y.S.2d 20 [1st Dept.2013] ).
The mother's neglect of her son, both educationally and based on his lack of food, clothing and shelter, as well as her failure to plan for his future, demonstrated a fundamental defect in her understanding of her parental duties, sufficient to support a finding of derivative neglect with respect to her daughter (Matter of Justine N. [Patricia M.], 136 A.D.3d 452, 25 N.Y.S.3d 147 [1st Dept.2016] ; Matter of Jason G. [Pamela G.], 126 A.D.3d 489, 2 N.Y.S.3d 797 [1st Dept.2015] ; Matter of Danny R., 60 A.D.3d 450, 874 N.Y.S.2d 122 [1st Dept.2009] ).
TOM, J.P., SAXE, RICHTER, GISCHE, WEBBER, JJ., concur.