| Matter of Diamond J. (Nakesha J.) |
| 2013 NY Slip Op 00208 [102 AD3d 784] |
| January 16, 2013 |
| Appellate Division, Second Department |
| In the Matter of Diamond J., an Infant. Administration forChildren's Services, Appellant; Nakesha J., Respondent. (Proceeding No. 1.) In theMatter of Isaac L., an Infant. Administration for Children's Services, Appellant; NakeshaJ., Respondent. (Proceeding No. 2.) In the Matter of Dynasia J., an Infant. Administrationfor Children's Services, Appellant; Nakesha J., Respondent. (Proceeding No. 3.) In theMatter of Linwood Mc., an Infant. Administration for Children's Services, Appellant;Nakesha J., Respondent. (Proceeding No. 4.) In the Matter of Wanasia C., an Infant.Administration for Children's Services, Appellant; Nakesha J., Respondent. (ProceedingNo. 5.) |
—[*1] Christopher J. Robles, Brooklyn, N.Y., for respondent. Steven Banks, New York, N.Y. (Tamara A. Steckler and Patricia Colella of counsel),attorney for the children.
In five related proceedings pursuant to Family Court Act article 10, theAdministration for Children's Services appeals from an order of the Family Court, KingsCounty (Weinstein, J.), dated March 1, 2012, which, after a fact-finding hearing, grantedthe mother's motion to dismiss the petitions.[*2]
Ordered that the order is affirmed, without costsor disbursements.
Under the circumstances of this case, the Family Court properly granted the mother'smotion to dismiss the petitions. The petitioner failed to prove by a preponderance of theevidence that the mother's drug use caused impairment, or an imminent danger ofimpairment, to the physical, mental, or emotional condition of the subject children(see Family Ct Act §§ 1012 [f] [i] [B]; 1046 [a]; Matter of Anastasia G., 52AD3d 830, 832 [2008]). Rivera, J.P., Chambers, Roman and Cohen, JJ., concur.