In re Nivek A.S. — 148 A.D.3d 459

Majority

p. 459

In the Matter of Nivek A.S. and Others, Children Alleged to be Neglected. Juanita S., Appellant; Administration for Children’s Services, Respondent.

[48 NYS3d 662]

Order of fact-finding, Family Court, New York County (Stewart H. Weinstein, J.), entered on or about January 21, 2015, which, to the extent appealed from as limited by the briefs, determined, after a hearing, that respondent mother had neglected the subject children, unanimously affirmed, without costs.

The finding of neglect is supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]), and the court’s credibility determinations are entitled to deference (Matter of Irene O., 38 NY2d 776 , 777 [1975]; Matter of Brianna R. [Maribel R.], 115 AD3d 403 , 408 [1st Dept 2014]).

The chronic poor hygiene of the children is well documented in the record and demonstrated that the children were at imminent risk of impairment (see Matter of Naqi T [Marlena S.], 129 AD3d 444 , 444-445 [1st Dept 2015]; Matter of Inbunique V., 22 AD3d 412 , 413 [1st Dept 2005]). The mother also medically neglected one child’s severe eczema, which resulted in a three-day hospitalization (see Matter of Sahairah J. [Rosemarie

p. 460

R.], 135 AD3d 452 , 453 [1st Dept 2016]; Matter of Khelia B., 298 AD2d 132 , 132 [1st Dept 2002]). In addition, two of the children had excessive absences from school and were excessively tardy, which detrimentally affected their education and contributed to poor grades (see Matter of Jonathan M. [Gilda L.], 139 AD3d 438 , 438-439 [1st Dept 2016]). The mother also prohibited one of the children from attending a school-recommended evaluation (see Matter of Kiera R. [Kinyetta R.], 99 AD3d 565 , 565 [1st Dept 2012]).

Concur — Sweeny, J.P., Maz-zarelli, Moskowitz and Kahn, JJ.

Cases cited

In re Irene O. 38 NY2d 776 N.Y. 1975-12-22 at 777 p. 459
In re Brianna R. 115 AD3d 403 N.Y. App. Div. 2014-03-04 at 408 p. 459
In re Naqi T. 129 AD3d 444 N.Y. App. Div. 2015-06-04 at 444-445 p. 459
In re Sahairah J. 135 AD3d 452 N.Y. App. Div. 2016-01-07 at 453 p. 460
In re Khelia B. 298 AD2d 132 N.Y. App. Div. 2002-10-03 at 132 p. 460
In re Jonathan M. 139 AD3d 438 N.Y. App. Div. 2016-05-05 at 438-439 p. 460
In re Kiera R. 99 AD3d 565 N.Y. App. Div. 2012-10-16 at 565 p. 460