Matter of Andrei S.
2008 NY Slip Op 00274 [47 AD3d 721]
January 15, 2008
Appellate Division, Second Department
As corrected through Wednesday, March 12, 2008


In the Matter of Andrei S. Administration for Children's Services ofCity of New York et al., Respondents; Raphael S., Appellant.

[*1]Richard P. Reyes, New York, N.Y., for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Barry P. Schwartz and ScottShorr of counsel), for respondent Administration for Children's Services of City of New York.

Steven Banks, New York, N.Y. (Tamara A. Steckler and Marcia Egger of counsel), LawGuardian.

In a proceeding pursuant to Family Court Act article 10, the father appeals, as limited by hisbrief, from so much of a fact-finding order of the Family Court, Kings County (Freeman, J.),dated July 13, 2006, as, after a fact-finding hearing, found that he neglected the subject child.

Ordered that the fact-finding order is affirmed insofar as appealed from, without costs ordisbursements.

Contrary to the father's contention, the Family Court correctly found, by a preponderance ofthe evidence, that he neglected his son by failing to provide him with adequate medical care(see Family Ct Act § 1012 [f] [i] [A]; § 1046 [b] [i]). When the fatherbecame aware of the child's condition, he failed to promptly seek medical care for the child or tofollow through on recommendations from medical authorities, thus supporting a finding ofneglect (see Matter of William AA.,24 AD3d 1125 [2005]; Matter ofZakrya M., 18 AD3d 754 [2005]). Skelos, J.P., Santucci, Lifson and Carni, JJ., concur.


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