Opinion
11-18-2015
In the Matter of KURT K. (Anonymous).Administration for Children's Services, respondent;Karen K. (Anonymous), appellant.
Mark Brandys, New York, N.Y., for appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Deborah Brenner and Antonella Karlin of counsel), for respondent. Warren S. Hecht, Forest Hills, N.Y., attorney for the child.
Mark Brandys, New York, N.Y., for appellant.
Zachary W. Carter, Corporation Counsel, New York, N.Y. (Deborah Brenner and Antonella Karlin of counsel), for respondent.
Warren S. Hecht, Forest Hills, N.Y., attorney for the child.
Opinion
Appeal from an order of fact-finding and disposition of the Family Court, Kings County (Daniel Turbow, J.), dated January 13, 2015. The order, after fact-finding and dispositional hearings, found that the mother neglected the subject child, and placed the child in the custody of the Commissioner of Social Services of the City of New York.
ORDERED that the order of fact-finding and disposition is affirmed, without costs or disbursements.
As the Family Court properly found, the presentment agency established by a preponderance of the evidence that the mother neglected the subject child, based on evidence of her failure to provide proper supervision and guardianship, leading to imminent danger of the child's mental, emotional, or physical well-being becoming impaired (see Family Ct. Act § 1012[f][i][B]; Matter of Jah Quan F. [Yadira P.], 127 A.D.3d 969, 4 N.Y.S.3d 911; Matter of Rosemary V. [Jorge V.], 103 A.D.3d 484, 960 N.Y.S.2d 84; Matter of Sophia P., 66 A.D.3d 908, 886 N.Y.S.2d 637; Matter of Debraun M., 34 A.D.3d 587, 826 N.Y.S.2d 76; Matter of Whitney H., 19 A.D.3d 491, 492, 798 N.Y.S.2d 451). At the fact-finding hearing, a police officer and an Administration for Children's Services caseworker each testified that the child stated that he lived with his mother and that she had locked him out of their apartment on two occasions. Contrary to the mother's contentions, these out-of-court statements were sufficiently corroborated by other evidence in the record (see Matter of Nicole V., 71 N.Y.2d 112, 117–118, 524 N.Y.S.2d 19, 518 N.E.2d 914; Matter of Mateo S. [Robin Marie Y.], 118 A.D.3d 891, 892, 987 N.Y.S.2d 616; Matter of Iouke H. [Terrence H.], 94 A.D.3d 889, 890–891, 941 N.Y.S.2d 851; Matter of Alexander M. [Benjamin M.], 88 A.D.3d 794, 795, 930 N.Y.S.2d 893).
Any error in admitting into evidence portions of certain domestic incident reports containing out-of-court statements made by the child to a police officer was harmless under the circumstances of this case.
BALKIN, J.P., HALL, DUFFY and LaSALLE, JJ., concur.