Opinion
10744
01-09-2020
IN RE MATTHEW T., a Child Under the Age of Eighteen Years, etc. Tiffany S., Respondent–Appellant, v. Administration for Children's Services, Petitioner–Respondent.
Law Office of Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), for appellant. Georgia M. Pestana, Acting Corporation Counsel, New York (Tahirih M. Sadrieh of counsel), for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Judith Stern of counsel), and Wilmer Cutler Pickering Hale and Dorr LLP, New York (Adam Amir of counsel), attorneys for the child.
Law Office of Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), for appellant.
Georgia M. Pestana, Acting Corporation Counsel, New York (Tahirih M. Sadrieh of counsel), for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Judith Stern of counsel), and Wilmer Cutler Pickering Hale and Dorr LLP, New York (Adam Amir of counsel), attorneys for the child.
Richter, J.P., Gische, Gesmer, Kern, Gonza´lez, JJ.
Order of disposition, Family Court, Bronx County (Elenor C. Reid, J.), entered on or about December 10, 2018, which, inter alia, after a hearing, determined that respondent mother neglected the subject child, unanimously affirmed, without costs.
The finding of neglect was supported by a preponderance of the evidence (see Family Ct. Act §§ 1012[f] ; 1046[b] ). Respondent was found on the street rolling on the ground, laughing and talking to herself in the rain with the then-infant child. She appeared incoherent and her bizarre behavior was associated with intoxication (see Matter of Pedro C. [Josephine B.], 1 A.D.3d 267, 767 N.Y.S.2d 578 [1st Dept. 2003] ). The evidence further established that respondent's intoxication was part of a long-standing pattern of substance abuse. The mother had prior neglect findings entered against her on behalf of her four older children, which resulted in her permanent loss of custody of those children (see e.g. Matter of Oscar Alejandro C.L. [Nicauris L.], 161 A.D.3d 705, 706, 74 N.Y.S.3d 489 [1st Dept. 2018] ). Furthermore, respondent failed to introduce competent evidence of her participation in a drug treatment program (see Matter of Jeremy M. [Roque A.M.], 145 A.D.3d 637, 638, 42 N.Y.S.3d 807 [1st Dept. 2016] ).
We have considered respondent's remaining arguments and find them unavailing.