Opinion
11-14-2017
In re IZABELA S., A Dependent Child Under the Age of Eighteen Years, etc., Angelica A., Respondent–Appellant, Randy S., Respondent–Appellant, Administration for Children's Services, Petitioner–Respondent.
Karen D. Steinberg, New York, for Randy S., appellant. Neal D. Futerfas, White Plains, for Angelica A., appellant. Zachary W. Carter, Corporation Counsel, New York (MacKenzie Fillow of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Marcia Egger of Counsel), attorney for the child.
Karen D. Steinberg, New York, for Randy S., appellant.
Neal D. Futerfas, White Plains, for Angelica A., appellant.
Zachary W. Carter, Corporation Counsel, New York (MacKenzie Fillow of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Marcia Egger of Counsel), attorney for the child.
Order of fact-finding, Family Court, New York County (Jane Pearl, J.), entered on or about January 8, 2016, which, to the extent appealed from as limited by the briefs, after a hearing, found that respondents had neglected the subject child, unanimously affirmed, without costs.
A preponderance of the evidence supports the finding that the respondent parents neglected the subject child (see Family Ct. Act § 1046[b][i] ), a child with severe physical and neurological anomalies, by failing to provide her with adequate nutrition (see Matter of Camara R., 263 A.D.2d 710, 712, 693 N.Y.S.2d 681 [3d Dept.1999] ), by missing crucial appointments with medical professionals and specialists (see Matter of Briana S. [LaQueena S.], 91 A.D.3d 447, 448, 937 N.Y.S.2d 8 [1st Dept.2012] ) and by being lax in their day-to-day oversight of her care and safety (see Family Ct. Act § 1012[f][i] [A], [B] ).
Contrary to the parents' unpreserved contention, Family Court properly conformed the pleadings to the proof adduced at the hearing ( Family Ct. Act § 1051[b] ).
FRIEDMAN, J.P., KAPNICK, WEBBER, GESMER, OING, JJ., concur.