| Matter of Justin A. (Jesus A.) |
| 2012 NY Slip Op 02810 [94 AD3d 575] |
| April 17, 2012 |
| Appellate Division, First Department |
| In the Matter of Justin A. and Others, Infants. Jesus A., Appellant;Administration for Children's Services, Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Marta Ross of counsel), forrespondent. Tamara A. Steckler, The Legal Aid Society, New York (Judith Waksberg of counsel), andLaura Dillon, New York, attorney for the children.
Order, Family Court, Bronx County (Monica Drinane, J.), entered on or about March 8,2011, which, insofar as appealed from, after a fact-finding hearing, found that respondent fatherneglected two of the subject children and derivatively neglected the third child, unanimouslyaffirmed, without costs.
The finding that the father neglected the children Andrew and Yelissa was supported by apreponderance of the evidence (see Family Ct Act § 1012 [f]; § 1046). Therecord shows that the father failed to make sure that the children were properly fed, which led toa diagnosis of failure to thrive. The father also failed to provide the children with proper medicaltreatment for the condition (see Matterof Joshua Hezekiah B. [Edgar B.], 77 AD3d 441 [2010], lv denied 15 NY3d 716[2010]). Moreover, the father unreasonably allowed the mother to be solely responsible fortending to the children's complex medical needs, although a previous finding of neglect had beenentered against her for failing to properly administer prescribed medication to Andrew. The factthat Andrew gained a significant amount of weight when he was hospitalized for treatment ofinjuries he accidentally sustained clearly indicated that he was not receiving proper nourishmentat home (see Matter of Kayla C., 19AD3d 692 [2005]).
The acts committed by the father demonstrate an impairment of judgment sufficient tosupport the derivative finding of neglect as to the third child, Justin (see e.g. Matter of Brianna R. [MarisolG.], 78 AD3d 437 [2010], lv denied 16 NY3d 702 [2011]).
We have considered the father's remaining contentions, and find then unavailing.Concur—Tom, J.P., Catterson, Richter, Abdus-Salaam and Román, JJ.