| Matter of Luis O. v Jessica S. |
| 2011 NY Slip Op 07844 [89 AD3d 735] |
| November 1, 2011 |
| Appellate Division, Second Department |
| In the Matter of Luis O., Respondent, v Jessica S.,Appellant. |
—[*1] Lewis S. Calderon, Jamaica, N.Y., for respondent. Karen P. Simmons, Brooklyn, N.Y. (Heather L. Kalachman and Barbara H. Dildine ofcounsel), attorney for the children.
In related child custody proceedings pursuant to Family Court Act article 6, the motherappeals, as limited by her brief, from so much of an order of the Family Court, Kings County(Ambrosio, J.), dated July 19, 2010, as, without a hearing, awarded custody of the parties'children to the father.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The Family Court (Ruiz, J.), entered a finding of child neglect against the mother pursuant toarticle 10 of the Family Court Act upon the mother's admission, at a fact-finding hearing onSeptember 18, 2008, to allegations that she tested positive for marijuana, obtained Xanax from aneighbor, and used both Xanax and marijuana on a regular basis. Additionally, the Family Court(Ruiz, J.), conducted a dispositional hearing which commenced on December 3, 2008, andconcluded on April 6, 2010. At that hearing, evidence was adduced that supported a finding ofthe mother's continued drug use, and additional evidence demonstrated the mother's history ofmental health issues, inappropriate conduct during visitation, and inappropriate conduct inmaking, or having her daughter make, false allegations against the father. Further, at the hearing,the caseworker for the Administration for Children's Services (hereinafter ACS) recommendedthat the children be released to the custody of the father. Moreover, a psychologist, whoconducted a mental health examination, opined that the mother was in need of additional servicesprior to reunification. In an order of disposition dated April 8, 2010, the Family Court (Ruiz, J.),inter alia, released the subject children to the care of the father under the supervision of ACS fora period of six months (see Matter of Jessina O. [Jessica S.], 89 AD3d 736; [2011][decided herewith]). Subsequently, the Family Court (Ambrosio, J.), awarded custody to thefather pursuant to article 6 of the Family Court Act without conducting a hearing.[*2]
Contrary to the mother's contentions, the Family Courtpossessed adequate relevant information to enable it to make an informed decision as to the bestinterests of the children without conducting a hearing, and the record supports a finding that itwas in the children's best interests for custody to be awarded to the father (see Matter of Horan v Framolaro, 46AD3d 891, 892 [2007]; see alsoMatter of Weinschneider v Weinschneider, 73 AD3d 1194, 1195 [2010]; cf. Matter of Brooks v Brooks, 31AD3d 756 [2006]). Rivera, J.P., Florio, Leventhal and Roman, JJ., concur.