| Matter of Anthony FF. (Lisa GG.) |
| 2013 NY Slip Op 02789 [105 AD3d 1273] |
| April 25, 2013 |
| Appellate Division, Third Department |
| In the Matter of Anthony FF. and Others, Children Allegedto be Neglected . Chemung County Department of Social Services, Respondent; LisaGG., Appellant, et al., Respondent. |
—[*1] Donald Thompson, Chemung County Department of Law, Elmira (David Kagle ofcounsel), for respondent. Paul A. Sartori, Sullivan Trail Legal Society, Elmira, attorney for thechildren.
Lahtinen, J. Appeal from an order of the Family Court of Chemung County (Hayden,J.), entered November 10, 2011, which, among other things, granted petitioner'sapplication, in a proceeding pursuant to Family Ct Act article 10, to adjudicate thesubject children to be neglected.
Respondent Lisa GG. (hereinafter the mother) is the mother of four children (born in1998, 2000, 2002 and 2005). Her current spouse, respondent Marcus C., is not the fatherof any of the children, and physical custody of the two oldest children had previouslybeen placed with their father. All four children were at the mother's residence in February2011 when the mother and Marcus C. engaged in a violent domestic incident. Petitionercommenced this proceeding alleging, among other things, neglect by the mother andMarcus C. as to all four children resulting from the domestic incident and eventsthereafter, as well as neglect by the mother as to the child born in 2002 for failing toensure his attendance at school. That child (whose father [*2]resided in Texas) was temporarily placed in petitioner'scustody, the youngest child was temporarily placed with his father and the oldest twochildren returned to their father. Marcus C. consented to a finding of neglect and,following a hearing, Family Court found that the mother had neglected the children. Themother agreed to a disposition that included various conditions and a permanency goal ofreunification regarding the child born in 2002. The mother appeals.
The neglect finding as to all of the children is sufficiently supported by the proof inthe record. This was not, as contended by the mother, a case where the sole allegationwas that she had been the victim of domestic abuse witnessed by the children (see generally Nicholson vScoppetta, 3 NY3d 357, 368, 371 [2004]). Although Marcus C. apparentlyinstigated the incident and acted violently toward the mother, there was also evidencethat the mother, among other things, was observed wielding a baseball bat and chasingMarcus C., who claimed she struck him with the bat. More significantly, there wasfurther proof that following the incident, the mother minimized Marcus C.'s conduct andattempted to have charges against him dropped, placed partial blame for the incident onthe children, permitted Marcus C. in her residence and around at least one of the childrenafter the incident in violation of a court order, and instructed the child to keep MarcusC.'s presence a secret. While contrary proof was presented on some points, we accorddeference to Family Court's credibility determinations (see Matter of Alexander G.[Tatiana G.], 93 AD3d 904, 905 [2012]). The record amply supports FamilyCourt's findings that there was a preponderance of evidence establishing an imminentdanger to the children's well-being and that the mother failed to exercise a minimumdegree of care (see Matter ofDezerea G. [Lisa G.], 97 AD3d 933, 934-935 [2012]; Matter of Shalyse WW., 63AD3d 1193, 1196 [2009], lv denied 13 NY3d 704 [2009]; Matter ofXavier II., 58 AD3d 898, 899-900 [2009]).
There was also adequate proof regarding the mother's educational neglect of thechild born in 2002. The child had extensive absences from school as well as beingrepeatedly tardy, there was evidence that the mother did not cooperate with schoolpersonnel trying to address the absences, her explanations for the absences lackedcredibility and the absences adversely affected the child's academic progress, as well ashis special needs (see Matter ofSantino B. [Lisette C.], 93 AD3d 1086, 1087 [2012]; Matter of Ashley X., 50 AD3d1194, 1195 [2008]; Matterof Shawndalaya II., 31 AD3d 823, 824 [2006], lv denied 7 NY3d 714[2006]).
Mercure, J.P., McCarthy and Garry, JJ., concur. Ordered that the order is affirmed,without costs.