| Matter of Alexander L. (Andrea L.) |
| 2012 NY Slip Op 07062 [99 AD3d 599] |
| October 23, 2012 |
| Appellate Division, First Department |
| In the Matter of Alexander L., a Child Alleged to be Neglected.Andrea L., Appellant; Commissioner of Social Services of the City of New York,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Sharyn Rootenberg of counsel), forrespondent. Tamara A. Steckler, The Legal Aid Society, New York (Claire V. Merkine of counsel),attorney for the child.
Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or aboutNovember 16, 2011, which, upon a fact-finding determination that respondent mother neglectedthe subject child, placed the child in the custody of the Commissioner of Social Services of theCity of New York until the date of the next permanency hearing, unanimously affirmed, withoutcosts.
The finding of neglect based on respondent's failure to provide adequate shelter is supportedby a preponderance of the evidence and is, by itself, sufficient to support the finding of neglect(see Matter of Tia B., 257 AD2d 366 [1st Dept 1999]). The record establishes thatalthough respondent was repeatedly advised that her unstable living situation was the cause ofher son's progressively deteriorating mental condition, she remained with the child in the NewYork City homeless shelter system for nearly five years and unreasonably refused suitablepermanent housing options.
Respondent's well documented alcohol abuse as well as her erratic and often violent behaviortoward her son and others, is an independent basis for a finding of impairment, and a risk thereof,to the child's mental, emotional, and physical well being (see Family Ct Act § 1012[f] [i] [B]; Matter of Jared S. [MonetS.], 78 AD3d 536 [1st Dept 2010], lv denied 16 NY3d 705 [2011]). In addition,respondent's abrupt termination of her son's weekly psychotherapy sessions after more than threeyears, with no available replacement, particularly at a time when his emotional state was fragile,placed him in imminent risk of emotional impairment (see Matter of Perry S., 22 AD3d 234, 235 [1st Dept 2005]; Matter of LeVonn G., 20 AD3d530, 530-531 [2d Dept 2005]). Concur—Tom, J.P., Andrias, Saxe, DeGrasse andManzanet-Daniels, JJ.