Majority
p. 524[24 NYS3d 904]—
In the Matter of Jewel M. and Others, Children Alleged to be Neglected. Crystal V., Appellant; Administration for Children’s Services, Respondent.
p. 525
Order of disposition, Family Court, New York County (Stewart H. Weinstein, J.), entered on or about July 15, 2014, to the extent it brings up for review a fact-finding order, same court and Judge, entered on or about January 30, 2014, which found that respondent mother neglected her five children, unanimously affirmed, without costs. Appeal from fact-finding order unanimously dismissed, without costs, as subsumed in the appeal from the order of disposition.
According the greatest respect to the court’s credibility findings, we find that a preponderance of the evidence establishes that the children were neglected since respondent’s mental condition placed them at imminent risk of harm (Family Ct Act § 1012; Matter of Irene O., 38 NY2d 776 [1975]; Matter of Devin M. [Margaret W.], 119 AD3d 435 , 436 [1st Dept 2014]). Respondent’s failure to provide adequate education for her school-aged children is another basis for a finding of neglect (Matter of William AA., 24 AD3d 1125 [3d Dept 2005], lv denied 6 NY3d 711 [2006]).
Concur — Mazzarelli, J.P., Friedman, Sweeny and Manzanet-Daniels, JJ.
Cases cited
- In re Irene O. 38 NY2d 776 p. 525
- Allen M. v. Margaret W. 119 AD3d 435 at 436 p. 525
- In re William AA. 24 AD3d 1125 p. 525