| Matter of Jordan W. |
| 2009 NY Slip Op 01125 [59 AD3d 558] |
| February 10, 2009 |
| Appellate Division, Second Department |
| In the Matter of Jordan W., a Child Alleged to be Neglected.Suffolk County Department of Social Services, Respondent; Taniqua G., Appellant, et al.,Respondent. (Proceeding No. 1.) In the Matter of Lela W., a Child Alleged to be Neglected.Suffolk County Department of Social Services, Respondent; Taniqua G., Appellant, et al.,Respondent. (Proceeding No. 2.) In the Matter of Cheyenne W., a Child Alleged to be Neglected.Suffolk County Department of Social Services, Respondent; Taniqua G., Appellant, et al.,Respondent. (Proceeding No. 3.) In the Matter of Zachary W., a Child Alleged to be Neglected.Suffolk County Department of Social Services, Respondent; Taniqua G., Appellant, et al.,Respondent. (Proceeding No. 4.) In the Matter of Delilah W., a Child Alleged to be Neglected.Suffolk County Department of Social Services, Respondent; Taniqua G., Appellant, et al.,Respondent. (Proceeding No. 5.) In the Matter of Jade G., Also Known as Alyssa W., a ChildAlleged to be Neglected. Suffolk County Department of Social Services, Respondent; TaniquaG., Appellant, et al., Respondent. (Proceeding No. 6.) In the Matter of Lorna W., a Child Allegedto be Neglected. Suffolk County Department of Social Services, Respondent; Taniqua G.,Appellant, et al., Respondent. (Proceeding No. 7.) In the Matter of Astria W., a Child Alleged tobe Neglected. Suffolk County Department of Social Services, Respondent; Taniqua G.,Appellant, et al., Respondent. (Proceeding No. 8.) In the Matter of Demi W., a Child Alleged tobe Neglected. Suffolk County Department of Social Services, Respondent; Taniqua G.,Appellant, et al., Respondent. (Proceeding No. 9.) In the Matter of Robyn W., a Child Alleged tobe Neglected. Suffolk County Department of Social Services, Respondent; Taniqua G.,Appellant, et al., Respondent. (Proceeding No. 10.) |
—[*1] Christine Malafi, County Attorney, Central Islip, N.Y. (Frank J. Alberti of counsel), forpetitioner-respondent. Hennessey & DeNatale, Shirley, N.Y. (Susan A. DeNatale of counsel), attorney for thechildren.
In related proceedings pursuant to Family Court Act article 10, Taniqua G. appeals, aslimited by her brief, from so much of a fact-finding order of the Family Court, Suffolk County(Genchi, J.), [*2]entered December 18, 2007, as, after afact-finding hearing, found that she neglected Delilah W. and derivatively neglected Jordan W.,Lela W., Cheyenne W., Zachary W., Lorna W., Astria W., Demi W., Robyn W., and Jade G.
Ordered that the fact-finding order is affirmed insofar as appealed from, without costs ordisbursements.
The Family Court's finding of neglect as to Delilah W. based on the appellant's use ofexcessive corporal punishment is supported by a preponderance of the evidence (seeFamily Ct Act § 1012 [f] [i] [B]; § 1046 [b] [i]; Matter of Derek J., 56 AD3d 558 [2008]; Matter of Nicholas L., 50 AD3d1141, 1142 [2008]; Matter ofJoshua B., 28 AD3d 759, 761 [2006]). Furthermore, because the appellant's conducttoward Delilah W. demonstrated a fundamental defect in her understanding of parental dutiesrelating to the care of children, there was sufficient evidence to make a finding of derivativeneglect as to the remaining children (seeMatter of Derek J., 56 AD3d 558 [2008]; Matter of Devontay M., 56 AD3d 561 [2008]; Matter ofNicholas L., 50 AD3d at 1142).
Contrary to the appellant's contention, the Family Court providently exercised its discretionin conforming the pleadings to the proof adduced during the fact-finding hearing (seeFamily Ct Act § 1051 [b]; Matterof Jewle I., 44 AD3d 1105, 1107 [2007]; Matter of LeVonn G., 20 AD3d 530 [2005]; Matter of Thomas JJ., 14 AD3d953, 954 [2005]). Mastro, J.P., Florio, Covello and Belen, JJ., concur.