Majority
p. 406[693 NYS2d 919] In the Matter of Vere C. and Another, Children Alleged to be Neglected. Vere C., Respondent. Family Court, Kings County, July 16, 1999
APPEARANCES OF COUNSEL
Michael D. Hess, Corporation Counsel of New York City {Craig Ramseur of counsel), for petitioner. Phillip J. Devereaux, Law Guardian. Kenneth Jaffe for respondent.
OPINION OF THE COURT
Petitioner’s motion for summary judgment in this child protective proceeding {see, Suffolk County Dept. of Social Servs. v James M., 83 NY2d 178 [1994]) against respondent, the father of the subject children, is granted. Respondent is the convicted murderer of the children’s mother and is now serving a prison term of 25 years to life for that crime. When respondent murdered the children’s mother, he deprived them of a parent, left them without a home and, thereby, indisputably
p. 407
impaired their emotional health. Accordingly, without the necessity of a hearing and notwithstanding that petitioner has failed to demonstrate that the murder occurred in the children’s presence, this court finds that respondent neglected the children as a matter of law. (Family Ct Act § 1012 [fl; cf., State ex rel. Children, Youth & Families Dept. v Joe R., 123 NM 711 , 945 P2d 76 [1997] [holding that conviction and incarceration of a parent for the murder of the other parent is prima facie evidence of neglect]; accord In re C.M.J., 278 Ill App 3d 885 , 663 NE2d 498 [111 App Ct 1996].) A fact-finding order (Family Ct Act § 1051 [a]) shall enter forthwith.