Opinion
2012-12-19
In the Matter of KIERRA C. (Anonymous). Suffolk County Department of Social Services, respondent; Kevin C. (Anonymous), appellant.
Glen Suarez, Huntington, N.Y., for appellant. Dennis M. Cohen, County Attorney, Central Islip, N.Y. (Karin A. Bohrer of counsel), for respondent.
Glen Suarez, Huntington, N.Y., for appellant. Dennis M. Cohen, County Attorney, Central Islip, N.Y. (Karin A. Bohrer of counsel), for respondent.
Diane B. Groom, Central Islip, N.Y., attorney for the child.
In a child protective proceeding pursuant to Family Court Act article 10, the father appeals (1) from an order of fact-finding and disposition of the Family Court, Suffolk County (Freundlich, J.), dated December 8, 2011, which, after a hearing, inter alia, found that he neglected the subject child, and (2) from a decision of the same court dated December 14, 2011.
ORDERED that the appeal from the decision dated December 14, 2011, is dismissed, without costs or disbursements, as no appeal lies from a decision ( see Schicchi v. J.A. Green Constr. Corp., 100 A.D.2d 509, 509–510, 472 N.Y.S.2d 718); and it is further,
ORDERED that the order of fact-finding and disposition dated December 8, 2011, is affirmed, without costs or disbursements.
The Family Court's determination that the father neglected the subject child was supported by a preponderance of the evidence ( see Family Ct. Act §§ 1012 [f][i][B]; 1046[b][i] ). The evidence established, inter alia, that the father knew or should have known of the mother's drug use and failed to exercise a minimum degree of care to ensure that the mother did not abuse drugs during her pregnancy ( see Matter of Niviya K. [ Alfonso M.], 89 A.D.3d 1027, 1028, 933 N.Y.S.2d 356;Matter of Carlena B., 61 A.D.3d 752, 752, 877 N.Y.S.2d 197;Matter of Cantina B., 26 A.D.3d 327, 327–328, 809 N.Y.S.2d 539;Matter of Kanika M., 270 A.D.2d 490, 490, 704 N.Y.S.2d 669;Matter of K. Children, 253 A.D.2d 764, 765, 677 N.Y.S.2d 379). The evidence further established that the father himself was a substance abuser ( see Matter of Carlena B., 61 A.D.3d at 752, 877 N.Y.S.2d 197).
Accordingly, the Family Court properly determined that the father neglected the child.