| Matter of Messiah T. (Karen S.) |
| 2012 NY Slip Op 02799 [94 AD3d 566] |
| April 17, 2012 |
| Appellate Division, First Department |
| In the Matter of Messiah T. and Another, Infants. Karen S.,Appellant; Administration for Children's Services, Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Kathy H. Chang of counsel), forrespondent. Tamara A. Steckler, The Legal Aid Society, New York (Judith Stern of counsel), attorney forthe children.
Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or aboutAugust 16, 2010, which, to the extent appealed from as limited by the briefs, brings up for reviewa fact-finding determination that respondent mother had neglected the subject children,unanimously affirmed, without costs.
A preponderance of the evidence supports the finding that respondent neglected the childrenby failing to provide proper supervision or guardianship (see Family Ct Act § 1012[f] [i] [B]). Indeed, respondent admitted that she had left the children in the care of their maternalgrandmother, who had a history of drug addiction, and her ex-boyfriend, who had a history ofdrug abuse and domestic violence, and was on parole for drug possession (see Matter ofVictor V., 261 AD2d 479, 479-480 [1999], lv denied 93 NY2d 819 [1999];Matter of Synovia G., 163 AD2d 257 [1990]). In addition, respondent acknowledged that shewas a recreational drug user and admitted testing positive for narcotics. Although respondent wasenrolled in a drug treatment program, the record shows that she tested positive for drug use whileparticipating in the program, thereby establishing imminent risk to the children's physical, mentaland emotional condition (see Family Ct Act § 1012 [f] [i] [B]; Matter of Keira O., 44 AD3d 668,670-671 [2007]). The finding of neglect is also supported by evidence that respondent wasaggressive [*2]with petitioner's staff, and had failed to continuetreatment for her mental illness despite suicidal thoughts (see Matter of Kayla W., 47 AD3d 571, 572 [2008]; Matter ofCaress S., 250 AD2d 490 [1998]). Concur—Andrias, J.P., Friedman, Moskowitz,Freedman and Manzanet-Daniels, JJ.