Opinion
03-25-2016
In the Matter of AMARIESE L. and Gregory L. Erie County Department of Social Services, Petitioner–Respondent; Tiffany N., Respondent–Appellant. In the Matter of Lamario N. Erie County Department of Social Services, Petitioner–Respondent; Tiffany N., Respondent–Appellant. In the Matter of Tamara N. Erie County Department of Social Services, Petitioner–Respondent; Tiffany N., Respondent–Appellant.
Charles J. Greenberg, Amherst, for Respondent–Appellant. Joseph T. Jarzembek, Buffalo, for Petitioner–Respondent. David C. Schopp, Attorney for The Children, The Legal Aid Bureau of Buffalo, Inc., Buffalo (Charles D. Halvorsen of Counsel).
Charles J. Greenberg, Amherst, for Respondent–Appellant.
Joseph T. Jarzembek, Buffalo, for Petitioner–Respondent.
David C. Schopp, Attorney for The Children, The Legal Aid Bureau of Buffalo, Inc., Buffalo (Charles D. Halvorsen of Counsel).
MEMORANDUM:
Respondent mother appeals from an order finding that she violated two orders of disposition in underlying neglect proceedings and derivatively neglected her youngest child. Contrary to the mother's contention, petitioner established by a preponderance of the evidence that the mother violated the orders of disposition (see Family Ct. Act § 1072[a] ; Matter of Dashaun G. [Diana B.], 117 A.D.3d 1526, 1528, 985 N.Y.S.2d 802, lv. dismissed 24 N.Y.3d 951, 994 N.Y.S.2d 51, 18 N.E.3d 753 ; Matter of Aimee J., 34 A.D.3d 1350, 1350–1351, 824 N.Y.S.2d 534 ). Pursuant to the orders, the mother agreed, inter alia, to not be under the influence of any substance, to complete a mental health assessment, to complete an alcohol and substance abuse evaluation and treatment, and to enforce a stay-away order of protection against the father of two of her children. Petitioner submitted evidence that the mother had consumed alcohol, did not complete a mental health assessment, and did not enforce the order of protection. Contrary to the mother's further contention, the court properly found that petitioner established by a preponderance of the evidence that the mother derivatively neglected her youngest child (see Matter of Burke H. [Tiffany H.], 117 A.D.3d 1568, 1568, 984 N.Y.S.2d 917 ; Matter of Sasha M., 43 A.D.3d 1401, 1401–1402, 845 N.Y.S.2d 206 ).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
WHALEN, P.J., CENTRA, CARNI, DeJOSEPH, and TROUTMAN, JJ., concur.