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In re Andre L.

Supreme Court of New York, First Department

December 17, 2013

In re Andre L., A Child Under Eighteen Years of Age, etc., and Yolanda L., Respondent-Appellant,
v.
Administration for Children's Services, Petitioner-Respondent.

George E. Reed, Jr., White Plains, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Suzanne K. Colt of counsel), for respondent.

Tamara A. Steckler, The Legal Aid Society, New York (Claire V. Merkine of counsel), attorney for the child.

Friedman, J.P., Acosta, Renwick, Manzanet-Daniels, Gische, JJ.

Order of disposition, Family Court, Bronx County (Carol A. Stokinger, J.), entered on or about January 4, 2010, which, upon a fact-finding determination that respondent mother neglected her son by failing to provide him with adequate and appropriate education, placed the child with petitioner agency until the next permanency hearing, scheduled for June 21, 2010, unanimously affirmed, without costs, insofar as it brings up for review the fact-finding determination, and the appeal therefrom otherwise dismissed as moot. Order of fact-finding, same court and Judge, entered on or about December 8, 2009, unanimously affirmed, without costs.

A preponderance of the evidence established that respondent failed to exercise even a "minimum degree of care" in providing her son with an education (see Family Ct Act § 1012[f][i][A]; Matter of Baum, 61 A.D.2d 123, 130-131 [2d Dept 1978], lv denied 44 N.Y.2d 647 [1978]).


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