Opinion
2002-06337
Argued January 14, 2003.
February 4, 2003.
In a child protective proceeding pursuant to Family Court Act article 10, the petitioner appeals from an order of the Family Court, Queens County (Clark, J.), dated July 18, 2002, which dismissed the petition for failure to make out a prima facie case of neglect.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Sharyn Rootenberg of counsel), for appellant.
Albino J. Testani, Jamaica, N.Y., for respondent.
Monica Drinane, New York, N.Y. (Jonathan M. Kratter of counsel), Law Guardian for the child.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, JJ.
ORDERED that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Family Court, Queens County, for further fact-finding before a different judge.
In support of its petition, the Commissioner of the Administration for Children's Services established a prima facie case that the subject infant was neglected within the meaning of Family Court Act § 1046(a)(iii) (see Matter of Krewsean S., 273 A.D.2d 393; Matter of William T., 185 A.D.2d 413; Matter of Stefanel Tyesha C., 157 A.D.2d 322; see also Matter of Octavia S., 255 A.D.2d 316; Matter of Tawana D., 139 A.D.2d 736). Contrary to the mother's contention, the evidence does not support a finding that she was voluntarily and regularly participating in a recognized rehabilitative program (see Family Court Act § 1046 [a][iii]).
RITTER, J.P., GOLDSTEIN, LUCIANO and SCHMIDT, JJ., concur.