Opinion
02-16-2016
In re JEWEL M., and Others, Children Under Eighteen Years of Age, etc., Crystal V., Respondent–Appellant, Administration for Children's Services Petitioner–Respondent.
Steven N. Feinman, White Plains, for appellant. Zachary W. Carter, Corporation Counsel, New York (Marta Ross of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the children.
Steven N. Feinman, White Plains, for appellant.
Zachary W. Carter, Corporation Counsel, New York (Marta Ross of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the children.
Order of disposition, Family Court, New York County (Stewart H. Weinstein, J.), entered on or about July 15, 2014, to the extent it brings up for review a fact-finding order, same court and Judge, entered on or about January 30, 2014, which found that respondent mother neglected her five children, unanimously affirmed, without costs. Appeal from fact-finding order unanimously dismissed, without costs, as subsumed in the appeal from the order of disposition.
According the greatest respect to the court's credibility findings, we find that a preponderance of the evidence establishes that the children were neglected since respondent's mental condition placed them at imminent risk of harm (Family Court Act § 1012 ; Matter of Irene O., 38 N.Y.2d 776, 381 N.Y.S.2d 865, 345 N.E.2d 337 [1975] ; Matter of Devin M. [Margaret W.], 119 A.D.3d 435, 436, 989 N.Y.S.2d 35 [1st Dept.2014] ). Respondent's failure to provide adequate education for her school-aged children is another basis for a finding of neglect (Matter of William AA., 24 A.D.3d 1125, 807 N.Y.S.2d 181 [3d Dept.2005], lv. denied 6 N.Y.3d 711, 814 N.Y.S.2d 601, 847 N.E.2d 1173 [2006] ).
MAZZARELLI, J.P., FRIEDMAN, SWEENY, MANZANET–DANIELS, JJ., concur.