Matter of Sarah A. (Daniel A.)
2013 NY Slip Op 05565 [109 AD3d 467]
August 7, 2013
Appellate Division, Second Department
As corrected through Wednesday, September 25, 2013


In the Matter of Sarah A., an Infant. Administration forChildren's Services, Respondent; Daniel A., Appellant, et al., Respondent. (ProceedingNo. 1.) In the Matter of Daniel A., an Infant. Administration for Children's Services,Respondent; Daniel A., Appellant, et al., Respondent. (Proceeding No.2.)

[*1]Rhonda R. Weir, Brooklyn, N.Y., for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Edward F.X. Hart andJane L. Gordon of counsel), for petitioner-respondent.

Steven Banks, New York, N.Y. (Tamara A. Steckler and Susan Clement of counsel),attorney for the children.

In two related child neglect proceedings pursuant to Family Court Act article 10, thefather appeals from an order of fact-finding and disposition of the Family Court, QueensCounty (Salinitro, J.), dated January 24, 2011, which, after fact-finding and dispositionalhearings, found that he neglected the subject children and placed him under thesupervision of the Administration for Children's Services for a period of one year.

Ordered that the appeal from so much of the order of fact-finding and disposition asplaced the father under the supervision of the Administration for Children's Services fora period of one year is dismissed as academic, without costs or disbursements, as theperiod of supervision has expired; and it is further,

Ordered that the order of fact-finding and disposition is affirmed insofar as reviewed,without costs or disbursements.

Contrary to the father's contentions, the Family Court properly found that heneglected the subject children by selling controlled substances from the home andpossessing multiple quantities of prescription drugs, cocaine, and marijuana, that werereadily accessible to the [*2]children (see FamilyCt Act §§ 1012 [f] [i] [B]; 1046 [a] [iii]; see also Matter of Jared M. [Ernesto C.], 99 AD3d 474,474-475 [2012]; Matter of EvanE. [Lasheen E.], 95 AD3d 1114, 1114-1115 [2012]; Matter of Eugene L. [JuliannaH.], 83 AD3d 490 [2011]; Matter of Fernando S., 63 AD3d 610, 611 [2009]; Matter of Paul J., 6 AD3d709, 710 [2004]; Matter of Michael R., 309 AD2d 590, 590-591 [2003]).Mastro, J.P., Hall, Lott and Sgroi, JJ., concur.


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