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In re Makenzie C. (Anonymous)

Supreme Court of New York, Second Department

January 15, 2014

In the Matter of Makenzie C. (Anonymous). Suffolk County Department of Social Services, respondent; and Allison C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Kassidy C. (Anonymous). Suffolk County Department of Social Services, respondent; and Allison C. (Anonymous), appellant. (Proceeding No. 2) Docket Nos. N-3830-12, N-3831-12

Thomas F. Liotti, Garden City, N.Y., for appellant.

Dennis M. Brown, County Attorney, Central Islip, N.Y. (James G. Bernet and Mary Ann Filosa of counsel), for respondent.

Theresa A. Mari, Hauppauge, N.Y., attorney for the children.

REINALDO E. RIVERA, J.P. THOMAS A. DICKERSON JOHN M. LEVENTHAL L. PRISCILLA HALL, JJ.

DECISION & ORDER

In related child protective proceedings pursuant to Family Court Act article 10, the mother appeals from an order of fact-finding and disposition (one paper) of the Family Court, Suffolk County (Freundlich, J.), dated October 15, 2012, which, inter alia, after a fact-finding hearing, found that she had neglected the subject children, and provided a disposition.

ORDERED that the order of fact-finding and disposition is affirmed, with costs.

Contrary to the sole contention raised by the mother on appeal, the finding of neglect against her was supported by a preponderance of the evidence, as the evidence adduced at the hearing established that she failed to exercise the minimum degree of care to prevent the imminent danger of the emotional and mental impairment of the subject children (see Family Ct Act §§ 1012[f][i]; 1046[b][i]; Matter of Andrew B. [ Deborah B. ], 73 A.D.3d 1036, 1036-1037; Matter of Daniel D., 57 A.D.3d 444, 444; Matter of Faith J., 47 A.D.3d 630, 630; Matter of My'Kia A., 8 A.D.3d 481, 482; Matter of Caress S., 250 A.D.2d 490, 490).

RIVERA, J.P., DICKERSON, LEVENTHAL and HALL, JJ., concur.


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