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In re Angela M. (Anonymous)

Supreme Court of New York, Second Department

November 27, 2013

In the Matter of Angela M. (Anonymous). Suffolk County Department of Social Services, respondent; and Annmarie T. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Christopher M. (Anonymous). Suffolk County Department of Social Services, respondent; and Annmarie T. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-21910/11, N-21911-11)

Arza Feldman, Uniondale, N.Y. (Steven Feldman of counsel), for appellant.

Dennis M. Brown, County Attorney, Central Islip, N.Y. (Steven B. Nacht of counsel), for respondent.

Paraskevi Zarkadas, Centereach, N.Y., attorney for the children.

REINALDO E. RIVERA, J.P., DANIEL D. ANGIOLILLO, L. PRISCILLA HALL, JEFFREY A. COHEN, JJ.

DECISION & ORDER

In two related child protective proceedings pursuant to Family Court Act article 10, the mother appeals from an order of fact-finding and disposition of the Family Court, Suffolk County (Budd, J.), dated August 23, 2012, which, after a hearing, inter alia, found that she neglected the subject children.

ORDERED that the order of fact-finding and disposition is affirmed, without costs or disbursements.

By submitting proof of the mother's repeated use of cocaine, the petitioner established a prima facie case of neglect pursuant to the presumption contained in Family Court Act § 1046(a)(iii) (see Matter of Audrey K. [ Erik K. ], 108 A.D.3d 717; Matter of Alexandria S. [ Alexander S. ], 105 A.D.3d 856, 857; Matter of Sadiq H. [ Karl H. ], 81 A.D.3d 647; Matter of Arthur S. [ Rose S. ], 68 A.D.3d 1123; Matter of Keira O., 44 A.D.3d 668, 670). In this regard, the presumption operates to eliminate a requirement of specific parental conduct vis-à-vis the child and neither actual impairment of the child's physical, mental, or emotional condition nor specific risk of impairment need be established (see Matter of Sadiq H. [ Karl H. ], 81 A.D.3d at 647; Matter of Paolo W., 56 A.D.3d 966, 967). The mother did not rebut this presumption, instead admitting to using cocaine on more than one occasion while she was the children's custodial parent.

Accordingly, the Family Court properly found that the mother neglected the subject children.

RIVERA, J.P., ANGIOLILLO, HALL and COHEN, JJ., concur.


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