| Matter of Camarrie B. (Maria R.) |
| 2013 NY Slip Op 03944 [107 AD3d 409] |
| June 4, 2013 |
| Appellate Division, First Department |
| In the Matter of Camarrie B., a Child Alleged to beNeglected. Maria R., Appellant; Administration for Children's Services,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Diana Lawless of counsel),for respondent.
Order of disposition, Family Court, New York County (Clark V. Richardson, J.),entered on or about August 6, 2012, which to the extent appealed as limited by the briefsinsofar as it brings up for review the fact-finding determination of derivative neglect,unanimously affirmed, without costs. Appeal from the fact-finding order, same court andJudge, entered on or about August 6, 2012, unanimously dismissed, without costs, assuperseded by the appeal from the order of disposition.
The Family Court properly granted the motion for summary judgment made by theattorney for the child on the derivative neglect petition based on prior findings, entered inJuly 2010, that respondent neglected her six other children, only 10 months prior to thefiling of the instant petition (see Matter of P. Children, 276 AD2d 428 [1st Dept2000]). The prior findings of neglect, based, in part, on respondent's daily use ofmarijuana, were sufficiently close in time to the derivative proceeding to support theconclusion that respondent's parental judgment remained impaired (see Matter of Nhyashanti A.[Evelyn B.], 102 AD3d 470 [1st Dept 2013]; Matter of Cruz, 121 AD2d901, 902-903 [1st Dept 1986]). Moreover, the permanency hearing orders, dated on orabout February 11, 2011 and August 9, 2011, both found that the continued placement ofthe subject child's siblings was required due to their best interests and safety needs. [*2]Respondent admitted to daily use of marijuana for morethan 19 years, failed to complete drug treatment, and refused to submit to drug testing(id.). Concur—Acosta, J.P., Saxe, Moskowitz, Freedman andManzanet-Daniels, JJ.