| Matter of Lorelei M. (Andrew M.) |
| 2009 NY Slip Op 08318 [67 AD3d 1383] |
| November 13, 2009 |
| Appellate Division, Fourth Department |
| In the Matter of Lorelei M., an Infant. Chautauqua CountyDepartment of Social Services, Respondent; Andrew M. et al.,Appellants. |
—[*1] Ronald A. Szot, Law Guardian, Dunkirk, for Lorelei M.
Appeal from an order of the Family Court, Chautauqua County (Margaret O. Szczur, J.),entered April 8, 2008 in a proceeding pursuant to Family Court Act article 10. The order, amongother things, adjudicated the subject child to be a neglected child.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this neglect proceeding pursuant to Family Court Act article 10,respondent parents appeal from an order adjudicating their daughter to be a neglected child.Contrary to the parents' contention, petitioner presented evidence establishing that the physical,mental or emotional condition of the child has been impaired or is in imminent danger ofbecoming impaired as a result of her parents' failure to exercise a minimum degree of care inproviding her with adequate food and medical care (see § 1012 [f] [i] [A]).Petitioner established that the child failed to thrive because she was undernourished, and that hercondition was "of such a nature as would ordinarily not . . . exist except by reasonof the acts or omissions of the parent[s]" (§ 1046 [a] [ii]; see Matter of Kayla C., 19 AD3d692 [2005]; Matter of Camara R., 263 AD2d 710, 712 [1999]; Matter ofCommissioner of Social Servs., Child Welfare Admin. (Diane W.), 182 AD2d 589 [1992]).
We have examined the parents' remaining contentions and conclude that they are eitherunpreserved or without merit. Present—Scudder, P.J., Martoche, Smith, Carni and Green,JJ.