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,
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 ; Matter of Dyandria D., 303 AD2d 233 , lv dismissed 1 NY3d 623 ). 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 , lv denied 97 NY2d 604 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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