| Matter of Nhyashanti A. (Evelyn B.) |
| 2013 NY Slip Op 00131 [102 AD3d 470] |
| January 10, 2013 |
| Appellate Division, First Department |
| In the Matter of Nhyashanti A., Also Known as Anton C., aChild Alleged to be Neglected. Evelyn B., Appellant; Administration for Children'sServices, Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Elizabeth I. Freedman ofcounsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Selene D'Alessio ofcounsel), attorney for the child.
Order of fact-finding, Family Court, Bronx County (Ilana Gruebel, J.), entered on orabout September 20, 2011, which, following a fact-finding hearing, determined thatrespondent mother had derivatively neglected the subject child, unanimously affirmed,without costs.
Petitioner agency made a prima facie showing of derivative neglect as to the subjectchild based on the prior findings of neglect against respondent with respect to her olderchildren, including a finding of neglect just 10 days before the subject child's birth(see Matter of Cruz, 121 AD2d 901, 902-903 [1st Dept 1986]).
The derivative finding of neglect was supported by a preponderance of the evidence(see Family Ct Act § 1046 [b] [i]). The prior findings of neglect weresufficiently close in time to the derivative proceeding to support the conclusion thatrespondent's parental judgment remained impaired (see Cruz, 121 AD2d at902-903). Further, respondent testified that she had not [*2]completed anger management services or a mental healthevaluation, and that she had not been compliant with her mental health treatment for ayear before the filing of the petition in the derivative proceeding.Concur—Friedman, J.P., Sweeny, Acosta, Abdus-Salaam and Manzanet-Daniels,JJ.