Opinion
03-08-2017
In the Matter of KENNETH C. (Anonymous). Administration for Children's Services, respondent; Gertrude B. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Kamora C. (Anonymous). Administration for Children's Services, respondent; Gertrude B. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Janiyah B.K. (Anonymous). Administration for Children's Services, respondent; Gertrude B. (Anonymous), appellant. (Proceeding No. 3).
Laurette Mulry, Central Islip, NY (Daniel R. Howard of counsel), for appellant. Dennis M. Brown, County Attorney, Central Islip, NY (James G. Bernet of counsel), for respondent. Susan Selanikio Linder, West Islip, NY, attorney for the children.
Laurette Mulry, Central Islip, NY (Daniel R. Howard of counsel), for appellant.
Dennis M. Brown, County Attorney, Central Islip, NY (James G. Bernet of counsel), for respondent.
Susan Selanikio Linder, West Islip, NY, attorney for the children.
WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, BETSY BARROS, and VALERIE BRATHWAITE NELSON, JJ.
Appeal by the mother from an order of fact-finding and disposition of the Family Court, Suffolk County (Caren Loguercio, J.), dated March 4, 2016. The order, made after a fact-finding hearing, inter alia, found that the mother neglected the subject children. The notice of appeal from an order of fact-finding also dated March 4, 2016, is deemed to be a notice of appeal from the order of fact-finding and disposition (see CPLR 5512 [a] ).
ORDERED that order of fact-finding and disposition is affirmed, without costs or disbursements.
The Family Court's finding of neglect is supported by a preponderance of the evidence (see Family Ct. Act §§ 1012[f][i][B] ; 1046[a][iii], [b][i]; Matter of Audrey K. [Erik K.], 108 A.D.3d 717, 968 N.Y.S.2d 891 ). Contrary to the mother's contention, the evidence adduced at the fact-finding hearing of her repeated misuse of drugs and alcohol, her repeated positive drug tests for marijuana and cocaine, and her failure to regularly attend a substance abuse treatment program established a prima facie case of neglect (see Family Ct. Act § 1046[a][iii] ). Therefore, neither actual impairment of the children's physical, mental, or emotional condition, nor specific risk of impairment, needed to be established (see Matter of Audrey K. [Erik K.], 108 A.D.3d 717, 968 N.Y.S.2d 891 ; Matter of Sadiq H. [Karl H.], 81 A.D.3d 647, 915 N.Y.S.2d 867 ). Accordingly, the court properly found that the mother neglected the children.