| Matter of Deanna R.G. (Rajkumare B.) |
| 2011 NY Slip Op 03600 [83 AD3d 1064] |
| April 26, 2011 |
| Appellate Division, Second Department |
| In the Matter of Deanna R.G., a Child Alleged to be Neglected.Administration for Children's Services, Respondent; Rajkumare B.,Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Stephen McGrath and ElinaDruker of counsel), for respondent. Steven Banks, New York, N.Y. (Tamara A. Steckler and Judith Stern of counsel), attorneyfor the child.
In a child protective proceeding pursuant to Family Court Act article 10, the mother appealsfrom a fact-finding order of the Family Court, Richmond County (McElrath, J.), dated May 7,2010, which, after a hearing, found that she neglected the subject child.
Ordered that the fact-finding order is affirmed, without costs or disbursements.
Contrary to the mother's contention, the petitioner met its burden of establishing educationaland medical neglect by a preponderance of the evidence (see Family Ct Act § 1012[f] [i] [A]; § 1046 [b]; Matter of Eric C. [Barbara C.], 79 AD3d 1037, 1037[2010]; Matter of Ijeoma O., 271 AD2d 691, 692 [2000]). The petitioner submittedunrebutted evidence of excessive school absences, and the mother failed to offer a reasonablejustification for the absences (see Matter of Eric C. [Barbara C.], 79 AD3d at 1037;Matter of Annalize P. [Angie D.], 78 AD3d 413, 414 [2010]; Matter of Evan F.,48 AD3d 811, 811 [2008]). Moreover, the record establishes that although the mother was awarethat her daughter had emotional problems and was in need of professional mental health care, shefailed to obtain such care for her (see Matter of Ijeoma O., 271 AD2d at 692; see alsoMatter of Perry S., 22 AD3d 234 [2005]). Covello, J.P., Angiolillo, Dickerson and Hall, JJ.,concur.