| Matter of Evan E. (Lasheen E.) |
| 2012 NY Slip Op 03835 [95 AD3d 1114] |
| May 15, 2012 |
| Appellate Division, Second Department |
| In the Matter of Evan E. Administration for Children's Services,Respondent; Lasheen E., Appellant. (Proceeding No. 1.) In the Matter of Kevin E.Administration for Children's Services, Respondent; Lasheen E., Appellant. (Proceeding No.2.) |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Edward F.X. Hart and MartaRoss of counsel), for respondent. Steven Banks, New York, N.Y. (Tamara A. Steckler and Claire V. Merkine of counsel),attorney for the children.
In related proceedings pursuant to Family Court Act article 10, the father appeals from anamended order of fact-finding and disposition (one paper) of the Family Court, Queens County(Richter, J.), dated May 20, 2011, which, after a fact-finding hearing, found that he neglected thesubject children, released the children to their mother's custody with supervision by the petitionerfor a period of three months, and ordered him to complete a parenting skills class.
Ordered that the appeal from so much of the amended order of fact-finding and disposition asreleased the subject children to their mother's custody with supervision by the petitioner for aperiod of three months is dismissed as academic, without costs or disbursements, as the period ofsupervised custody has expired; and it is further,
Ordered that the amended order of fact-finding and disposition is affirmed insofar asreviewed, without costs or disbursements.
Contrary to the father's contention, the Family Court's determination that he neglected thesubject children is supported by a preponderance of the evidence (see Family Ct Act§ 1046 [b] [i]; Matter of PaulJ., 6 AD3d 709 [2004]). The evidence adduced at the fact-finding hearing establishedthat the father was arrested and found in possession of cocaine while he was traveling with thechildren to an arranged drug transaction. The father's conduct, placing the children in nearproximity to narcotics, and to the very dangerous activity of narcotics trafficking, posed animminent [*2]danger to the children's physical, mental, andemotional well-being (see Matter ofPaul J., 6 AD3d 709 [2004]; Matter of Michael R., 309 AD2d 590 [2003]).
The father's remaining contention is without merit. Skelos, J.P., Balkin, Leventhal andAustin, JJ., concur.