| Matter of Baby Girl P. (Shante P.) |
| 2012 NY Slip Op 01821 [93 AD3d 728] |
| March 13, 2012 |
| Appellate Division, Second Department |
| In the Matter of Baby Girl P. Administration for Children'sServices, Respondent; Shante P., Also Known as Vanessa P.,Appellant. |
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Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers andNorman Corenthal of counsel), for respondent. Todd D. Kadish, Brooklyn, N.Y., attorney for the child.
In a child neglect proceeding pursuant to Family Court Act article 10, the mother appealsfrom an order of the Family Court, Kings County (McElrath, J.), dated June 3, 2010, which, aftera hearing, granted the petitioner's application pursuant to Family Court Act § 1027 totemporarily remove the subject child from the custody of the mother and place the child in itscustody pending the outcome of the proceeding.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the mother's contention, the Family Court properly granted the petitioner'sapplication pursuant to Family Court Act § 1027 to temporarily remove the subject childfrom the custody of the mother and place the child in its custody pending the outcome of theproceeding. The evidence adduced at a hearing was sufficient to establish that if the subject child,whose older siblings remain in foster care as a consequence of a prior adjudication of neglectagainst the mother, were to remain in the custody of the mother, it would present an imminentrisk to the child's emotional, mental, and physical health (see Matter of Madeline A. [Elizabeth M.], 87 AD3d 1132 [2011];Matter of Nathanal C. [Dimas C.],78 AD3d 939 [2010]; Matter ofElijah O. [Marilyn O.], 77 AD3d 836, 837 [2010]). Balkin, J.P., Eng, Hall and Sgroi,JJ., concur.