Opinion
213.
02-16-2016
In re MELANIE C., A Child Under the Age of Eighteen Years, etc., Melissa L., Respondent–Appellant, Administration for Children's Services, Petitioner–Respondent.
Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Diana Lawless of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Jess Rao of counsel), attorney for the child.
Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Diana Lawless of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Jess Rao of counsel), attorney for the child.
Opinion
Order of fact-finding, Family Court, New York County (Susan K. Knipps, J.), entered on or about February 27, 2015, which, after a hearing, determined that respondent mother had neglected the subject child, unanimously affirmed, without costs.
A preponderance of the evidence shows that the child's physical and mental condition has been impaired or is in imminent danger of becoming impaired as a result of the mother's mental condition (see Matter of Zariyasta S., 158 A.D.2d 45, 48, 557 N.Y.S.2d 895 1st Dept.1990; see also Family Ct. Act § 1012[f][i] ). There is evidence that, among other things, the mother, while in the child's presence, threatened to kill herself and the child, that the mother did not take her medication on a consistent basis, and that the child had two facial injuries that were not adequately explained, as well as diaper rash that became more severe after the mother failed to fill the child's prescription (see Matter of Madeline R., 214 A.D.2d 445, 446, 625 N.Y.S.2d 512 1st Dept.1995 ). Family Court's credibility determinations are entitled to deference (see Matter of Matthew O. [Kenneth O.], 103 A.D.3d 67, 76, 956 N.Y.S.2d 31 1st Dept.2012 ).
We have considered the mother's remaining contentions and find them unavailing.