Opinion
2000-09678
Argued June 3, 2002.
September 18, 2002.
In related child abuse, child neglect, and family offense proceedings pursuant to Family Court Act article 10, the mother appeals from stated portions of an order of the Family Court, Nassau County (Lawrence, J.), dated September 29, 2000, which, after a hearing, inter alia, found that she had abused and neglected her child, and dismissed the family offense petition against the father.
Rebecca C., Hicksville, N.Y., appellant pro se.
Friedman Harfensit, Lake Success, N.Y. (Neil Torczyner of counsel), for Nassau County Department of Social Services, respondent in Proceeding No. 1.
Tananbaum Sibener, Commack, N.Y. (Paul S. Sibener of counsel), for Michael C., respondent in Proceeding No. 3.
Thomas Fernandes, Mineola, N.Y., Law Guardian for the child.
Before: A. GAIL PRUDENTI, P.J., FRED T. SANTUCCI, MYRIAM J. ALTMAN, SONDRA MILLER, JJ.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
Contrary to the mother's contention, the findings of neglect and abuse against her are supported by a fair preponderance of the evidence (see Family Ct Act § 1012; Matter of Baby Boy P., 287 A.D.2d 458). The evidence, inter alia, demonstrated that the mother abused the child in violation of Family Court Act § 1012[e][iii], by taking numerous nude photographs of him, some of which depicted the lewd exhibition of the child's anus (see Penal Law § 263.05; Matter of Glenn G., 154 Misc.2d 677, affd sub nom Matter of Josephine G., 218 A.D.2d 656). In addition, the Family Court providently exercised its discretion by drawing a negative inference against the mother upon her failure to testify at the hearing (see Matter of Jenny N., 262 A.D.2d 951).
The mother's remaining contentions are without merit.
PRUDENTI, P.J., SANTUCCI, ALTMAN and S. MILLER, JJ., concur.