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In re Danny R.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 10, 2009

IN RE DANNY R. AND OTHERS, CHILDREN UNDER THE AGE OF EIGHTEEN YEARS, ETC., AND REBECCA M., RESPONDENT-APPELLANT,
v.
ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-RESPONDENT.

Order, Family Court, Bronx County (Lori S. Sattler, J.), entered on or about July 17, 2007, placing the subject children with the Commissioner of Social Services upon a fact-finding determination of neglect, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Friedman, Gonzalez, Sweeny, McGuire, JJ.

The finding of neglect is supported by a preponderance of the evidence showing that the children's physical and mental health was threatened by the psychologically fragile respondent's failure to provide a minimum degree of care, needed mental health care services, and an adequate education (Family Ct Act § 1012[f][i][A]; see Matter of Inbunique V., 22 AD3d 412 [2005]; Matter of Dyandria D., 303 AD2d 233 [2003], lv dismissed 1 NY3d 623 [2004]). The extraordinary amount of school missed by the two older children - 240 days by one and 159 days by the other from September 2004 to February 2007 - without adequate excuse and markedly compromising their education, supports Family Court's implicit finding of derivative educational neglect of the youngest, preschool-age child (see Matter of Ember R., 285 AD2d 757 [2001], lv denied 97 NY2d 604 [2001]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090310

© 1992-2009 VersusLaw Inc.



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