| Matter of Danny R. |
| 2009 NY Slip Op 01698 [60 AD3d 450] |
| March 10, 2009 |
| Appellate Division, First Department |
| In the Matter of Danny R. and Others, Children Alleged to beNeglected. Rebecca M., Appellant; Administration for Children's Services,Respondent. |
—[*1]
Michael A. Cardozo, Corporation Counsel, New York (Pamela Seider Dolgow of counsel),for respondent.
Order, Family Court, Bronx County (Lori S. Sattler, J.), entered on or about July 17, 2007,placing the subject children with the Commissioner of Social Services upon a fact-findingdetermination of neglect, unanimously affirmed, without costs.
The finding of neglect is supported by a preponderance of the evidence showing that thechildren's physical and mental health was threatened by the psychologically fragile respondent'sfailure to provide a minimum degree of care, needed mental health care services, and anadequate education (Family Ct Act § 1012 [f] [i] [A]; see Matter of Inbunique V., 22 AD3d 412 [2005]; Matter ofDyandria D., 303 AD2d 233 [2003], lv dismissed 1 NY3d 623 [2004]). Theextraordinary amount of school missed by the two older children—240 days by one and159 days by the other from September 2004 to February 2007—without adequate excuseand markedly compromising their education, supports Family Court's implicit finding ofderivative educational neglect of the youngest, preschool-age child (see Matter of EmberR., 285 AD2d 757 [2001], lv denied 97 NY2d 604 [2001]). Concur—Tom,J.P., Friedman, Gonzalez, Sweeny and McGuire, JJ.