| Matter of Aliciya R. |
| 2008 NY Slip Op 09405 [56 AD3d 784] |
| November 25, 2008 |
| Appellate Division, Second Department |
| In the Matter of Aliciya R., an Infant. Orange County Departmentof Social Services, Respondent; Luz C., Appellant, et al., Respondent. (Proceeding No. 1.) In theMatter of Christian L., an Infant. Orange County Department of Social Services, Respondent;Luz C., Appellant, et al., Respondent. (Proceeding No. 2.) |
—[*1] David L. Darwin, County Attorney, Goshen, N.Y. (Stephen Toole of counsel), forpetitioner-respondent. Richard N. Lentino, Middletown, N.Y., attorney for the children.
In two related child protective proceedings pursuant to Family Court Act article 10, themother appeals, as limited by her brief, from so much of an order of fact-finding and disposition(one paper) of the Family Court, Orange County (Bivona, J.), dated August 1, 2007, as, after anonjury trial, found that she had neglected the subject children.
Ordered that the order of fact-finding and disposition is affirmed insofar as appealed from,without costs or disbursements.[*2]
The petitioner established by a preponderance of theevidence that the mother neglected the subject children because she knew or should have knownthat her boyfriend, who was frequently in the children's presence, physically abused the childAliciya R., and because she failed to prevent further contact between Aliciya R. and theboyfriend once she became or should have become aware of the abuse (see Family Ct Act§ 1012 [f] [i] [B]; Matter of Cantina B., 26 AD3d 327, 328 [2006]; Matter ofKanika M., 270 AD2d 490 [2000]; Matter of Maxwell B., 269 AD2d 444, 445[2000]; Matter of Commissioner of Social Servs. of City of N.Y. v Edyth W., 210 AD2d328, 329 [1994]). Moreover, in light of the mother's failure to exercise a minimum degree of carein providing Aliciya R. with proper supervision or guardianship, the petitioner also proved by apreponderance of the evidence that the mother derivatively neglected her younger child (seeMatter of Jose I., 13 AD3d 446, 447 [2004]; Matter of Amanda RR., 293 AD2d 779,781 [2002]). Spolzino, J.P., Angiolillo, Dickerson and Belen, JJ., concur.