| Matter of Kira J. (Lakisha J.) |
| 2011 NY Slip Op 05499 [85 AD3d 1030] |
| June 21, 2011 |
| Appellate Division, Second Department |
| In the Matter of Kira J., an Infant. Nassau County Department ofSocial Services, Respondent; Lakisha J., Appellant. |
—[*1] John Ciampoli, County Attorney, Mineola, N.Y. (Dennis J. Saffran of counsel; DavidTauster on the brief), for respondent. John M. Zenir, Mineola, N.Y., attorney for the child.
In a neglect proceeding pursuant to Family Court Act article 10, the mother appeals from (1)an order of fact-finding and disposition (one paper) of the Family Court, Nassau County (Dane,J.), dated May 18, 2010, which, after a hearing, inter alia, found that she neglected the subjectchild and imposed certain conditions in connection with her custody of the subject child, and (2)an order of protection of the same court also dated May 18, 2010, which, upon the order offact-finding and disposition, and upon the mother's consent, directed her to stay away from thechild, except for supervised visits approved by the petitioner. The notice of appeal from an orderof the same court dated December 19, 2009, is deemed a premature notice of appeal from theorder of fact-finding and disposition dated May 18, 2010 (see CPLR 5520 [c]).
Ordered that the appeal from order of protection is dismissed, without costs ordisbursements; and it is further,
Ordered that the order of fact-finding and disposition is affirmed, without costs ordisbursements.
The appellant is not aggrieved by the order of protection dated May 18, 2010, because sheconsented to the relief granted in that order. Therefore, the appeal from the order of protectionmust be dismissed (see Matter of Child Welfare Admin. v Jennifer A., 218 AD2d 694,695 [1995]).
The finding of neglect, which was the subject of contest in the Family Court and, therefore,reviewable on appeal, is supported by the preponderance of the evidence (see Family CtAct § 1046 [b]). The petitioner was not required to demonstrate actual harm to the subjectchild to establish neglect; rather, proof of an imminent danger of impairment of the child'sphysical, mental, or emotional condition was sufficient (see Family Ct Act § 1012[f]; Matter of Soma H., 306 AD2d 531 [2003]).[*2]
The Family Court credited the testimony of the consultingpsychologist for the Nassau County Division of Forensic Services that the mother suffered fromuntreated mental illness. The Family Court's credibility determination was entitled to greatweight (see Matter of Madison H.,66 AD3d 898 [2009]). Further, the Family Court noted that the expert's testimony wascorroborated by the mother's behavior in court (see Matter of Barbara S., 244 AD2d 556,557 [1997]).
As a result of her untreated mental illness, the mother was unable to care for her child, failedto maintain stable housing for the child, and was forced to rely on relatives to care for the child(see Matter of Jason Brian B., 33AD3d 995, 996 [2006]). Further, the mother does not dispute that, during the course of the2007-2008 academic year, when the child was enrolled in the first grade, the mother withdrewthe child from school without a legitimate justification or excuse, causing the child to be absentfrom school for 35 days during that academic year (see Matter of My'Kia A., 8 AD3d 481 [2004]; Matter of FatimaA., 276 AD2d 791, 792 [2000]; Matter of Michael W., 123 AD2d 874, 875 [1986]).
The mother's remaining contentions are without merit. Mastro, J.P., Florio, Belen andChambers, JJ., concur.