Matter of Ronald Anthony G. (Sammantha J.)

2011 NY Slip Op 03340 [83 AD3d 608]

April 28, 2011

Appellate Division, First Department

As corrected through Wednesday, June 8, 2011

In the Matter of Ronald Anthony G. and Another, Children Allegedto be Neglected. Sammantha J., Appellant; New York City Administration for Children'sServices, Respondent, et al., Respondent.

—[*1]Howard M. Simms, New York, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Norman Corenthal of counsel), forNYC ACS, respondent.

Karen Freedman, Lawyers for Children, Inc., New York (Michael D. Scherz of counsel),Attorney for the Children.

Order of disposition, Family Court, New York County (Susan J. Knipps, J.), entered on orabout August 24, 2009, which, after a fact-finding hearing, determined that respondent motherhad neglected the child Ronald Anthony G. and derivatively neglected the child Samron G., andplaced the children in foster care, unanimously affirmed, without costs.

Petitioner established by a preponderance of the evidence that the children's physical, mentalor emotional condition had been impaired or was in imminent danger of becoming impaired as aconsequence of the mother's untreated mental illness, her failure to follow medical adviceregarding the proper feeding of one of the subject children and her decision to live on the streetand sleep on the subway (see Nicholsonv Scoppetta, 3 NY3d 357, 368 [2004]; Matter of A.G., 253 AD2d 318, 326-327[1999]).

Derivative neglect of the younger child was established by the evidence supporting neglect ofhis 13-month-older brother. Concur—Gonzalez, P.J., Sweeny, Moskowitz, Acosta andManzanet-Daniels, JJ.