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In re Alasha M.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


November 10, 2009

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

Order of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or about September 21, 2006, which, upon a fact-finding determination that respondent mother neglected Nyasia M. and derivatively neglected Alasha M., Terrell M. and Victoria S., released the children to respondent's custody under the supervision of the Administration for Children's Services, 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, Nardelli, Buckley, Richter, JJ.

The determination that respondent neglected Nyasia and derivatively neglected the three other children was supported by a preponderance of the evidence (Family Court Act § 1012[f][i]; § 1046[b][i]) showing that, although respondent should have known that Nyasia was in danger of being sexually abused by respondent's live-in boyfriend, respondent permitted the boyfriend to remain in the family home unsupervised (see Matter of Alexis C., 27 AD3d 646 [2006]; Matter of Jasmin O., 222 AD2d 240 [1995]; Matter of Vincent M., 193 AD2d 398, 403-404 [1993]), thereby demonstrating parental judgment so impaired as to create a substantial risk of harm for any child in her care (see Matter of Joshua R., 47 AD3d 465 [2008], lv denied 11 NY3d 703 [2008]).

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

20091110

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