| Matter of Brian W. |
| 2009 NY Slip Op 07425 [66 AD3d 791] |
| October 13, 2009 |
| Appellate Division, Second Department |
| In the Matter of Brian W., an Infant. Suffolk County Department ofSocial Services, Respondent; Donna W., Appellant. (Proceeding No. 1.) In the Matter ofChristopher W., an Infant. Suffolk County Department of Social Services, Respondent; DonnaW., Appellant. (Proceeding No. 2.) In the Matter of Sara W., an Infant. Suffolk CountyDepartment of Social Services, Respondent; Donna W., Appellant. (Proceeding No.3.) |
—[*1] Christine Malafi, County Attorney, Central Islip, N.Y. (James G. Bernet of counsel), forrespondent. Robert C. Mitchell, Central Islip, N.Y. (Diane B. Groom of counsel), attorney for thechildren.
In related neglect proceedings pursuant to Family Court Act article 10, the mother appealsfrom an order of fact-finding and disposition of the Family Court, Suffolk County (Hoffman, J.),dated July 3, 2008, which, upon a decision of the same court dated June 16, 2008, after afact-finding and dispositional hearing, found that she neglected the subject children, anddirected, inter alia, that the children be released to the custody of their father and that the motherattend and participate in a substance abuse and rehabilitation program.
Ordered that on the Court's own motion, the notice of appeal from the decision is deemed anotice of appeal from the order of fact-finding and disposition dated July 3, 2008 (seeCPLR 5512 [a]); and it is further,
Ordered that the order of fact-finding and disposition is affirmed, without costs ordisbursements.[*2]
The petitioner established a prima facie case of neglectagainst the mother within the meaning of Family Court Act § 1046 (a) (iii) (see Matterof Luis B., 302 AD2d 379 [2003]; cf. Matter of Anastasia G., 52 AD3d 830, 831-832 [2008]).Contrary to the mother's contention, the evidence adduced at the fact-finding hearing does notsupport a finding that she was regularly and voluntarily participating in a recognizedrehabilitation program (see Family Ct Act § 1046 (a) (iii); Matter of Hailey W., 42 AD3d943, 944 [2007]; Matter of AmberDD., 26 AD3d 689, 690 [2006]; Matter of Luis B., 302 AD2d 379 [2003];cf. Matter of Iris B., 304 AD2d 301 [2003]). Accordingly, the Family Court properlyfound that the mother neglected the subject children.
In light of our determination, the parties' remaining contentions have been renderedacademic. Fisher, J.P., Covello, Angiolillo and Roman, JJ., concur.