Matter of Maria Daniella R. (Maria A.)

2011 NY Slip Op 04686 [84 AD3d 1384]

May 31, 2011

Appellate Division, Second Department

As corrected through Wednesday, July 6, 2011

In the Matter of Maria Daniella R. Commissioner of Administrationfor Children's Services of City of New York, Respondent; Maria A., Appellant. (Proceeding No.1.) In the Matter of Maria Mercedes R. Commissioner of Administration for Children's Servicesof City of New York, Respondent; Maria A., Appellant. (Proceeding No. 2.) In the Matter ofMaria Andrea R. Commissioner of Administration for Children's Services of City of New York,Respondent; Maria A., Appellant. (Proceeding No. 3.)

—[*1]Christopher J. Robles, Brooklyn, N.Y., for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers andDeborah A. Brenner of counsel), for respondent.

Steven Banks, New York, N.Y. (Tamara A. Steckler and Marcia Egger of counsel), attorneyfor the children.

In three related child protective proceedings pursuant to Family Court Act article 10, themother appeals from a fact-finding order of the Family Court, Richmond County (Wolff, J.),dated July 13, 2010, which, after a hearing, found that she neglected the subject children.

Ordered that the fact-finding order is affirmed, without costs or disbursements.

The mother's repeated use of marijuana provided a basis for a finding of neglect (seeFamily Ct Act § 1046 [a] [iii]). The mother's claim that the children's out-of-courtstatements were not reliable is without merit. The out-of-court statements made to thecaseworker by the two oldest daughters served to cross-corroborate each other, and thosestatements were further corroborated by the testimony of the caseworker that the mother admittedto smoking marijuana (see Matter of Nicole V., 71 NY2d [*2]112 [1987]; Matter of Andrew W. [Randolph A.W.], 83AD3d 727 [2011]; Matter of Dave D. [Jean D.], 71 AD3d 673 [2010]). That evidence,together with a negative inference drawn from the mother's failure to testify, was sufficient tosupport the Family Court's finding of neglect (see Matter of Charlie S. [Rong S.], 82AD3d 1248 [2011]). Covello, J.P., Eng, Leventhal and Cohen, JJ., concur.