Opinion
11657 Dkt. NN-22799/18
06-18-2020
IN RE NYLAH E., A Dependent Child Under the Age of Eighteen Years, etc., Noemi C., Respondent-Appellant, Theodore E., Respondent, v. Administration for Children's Services, Petitioner-Respondent.
Daniel R. Katz, New York, for appellant. James E. Johnson, Corporation Counsel, New York (Kevin Osowski of counsel), for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the child.
Daniel R. Katz, New York, for appellant.
James E. Johnson, Corporation Counsel, New York (Kevin Osowski of counsel), for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the child.
Acosta, P.J., Richter, Mazzarelli, Webber, Gonza´lez, JJ.
Order of disposition, Family Court, Bronx County (David J. Kaplan, J.), entered on or about June 12, 2019, to the extent it brings up for review a fact-finding order, same court and Judge, entered on or about June 5, 2019, which, after a hearing, found that respondent mother neglected the subject child, unanimously affirmed, without costs. Appeal from the fact-finding order unanimously dismissed, without costs, as subsumed in the appeal from the order of disposition.
Petitioner agency proved by a preponderance of the evidence that respondent neglected the child (see Family Court Act §§ 1012[f][i][B] ; 1046[b][i] ). The record shows that respondent's lack of insight into caring for the newborn child, coupled with her misuse of alcohol, placed the child in imminent danger of physical impairment (see Matter of Noah Jeremiah J. [Kimberly J.], 81 A.D.3d 37, 44, 914 N.Y.S.2d 105 [1st Dept. 2010] ; see also Matter of Isaiah M. [Antoya M.], 96 A.D.3d 516, 946 N.Y.S.2d 856 [1st Dept. 2012] ).