In the Matter of Jamiah C. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Victoria O. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 1) In the Matter of Donyea C. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Victoria O. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 2) Docket Nos. N-1635-13, N-1636-13, N-1637-13, N-1638-13
Maria
J. Frank, Yorktown Heights, NY, for respondent-appellant.
John
M. Nonna, County Attorney, White Plains, NY (Stacey
Dolgin-Kmetz and Eileen Campbell O'Brien of counsel), for
petitioner-respondent.
David
J. Peck, Harrison, NY, attorney for the child Jamiah C.
REINALDO E. RIVERA, J.P., CHERYL E. CHAMBERS, LEONARD B.
AUSTIN, BETSY BARROS, JJ.
DECISION & ORDER
In
related proceedings pursuant to Family Court Act article 10,
the mother appeals from (1) an order of fact-finding of the
Family Court, Westchester County (Janet C. Malone, J.), dated
May 15, 2013, and (2) an order of disposition of the same
court (Rachel Hahn, J.), dated August 23, 2016. The order of
fact-finding, insofar as appealed from, after a hearing,
found that the mother neglected the subject children. The
order of disposition, after a hearing, inter alia, placed the
mother and the child Jamiah C. under the supervision of the
Westchester County Department of Social Services until
February 24, 2017.
ORDERED
that appeal from so much of the order of fact-finding as
found that the mother neglected the subject children is
dismissed, without costs or disbursements, as that portion of
the order of fact-finding was superseded by the order of
disposition and is brought up for review on the appeal from
the order of disposition; and it is further, ORDERED that the
appeal from so much of the order of disposition as placed the
mother and the child Jamiah C. under the supervision of the
Westchester County Department of Social Services until
February 24, 2017, is dismissed, without costs or
disbursements; and it is further, ORDERED that the order of
disposition is affirmed insofar as reviewed, without costs or
disbursements.
The
petitioner commenced these related proceedings pursuant to
Family Court Act article 10, alleging, inter alia, that the
mother neglected the subject children. After a fact-finding
hearing, the Family Court found that the mother neglected the
subject children. Thereafter, an order of disposition was
entered regarding the child Jamiah C. No order of disposition
regarding the child Donyea C. was issued, as the court found
that Donyea C. had reached the age of 18.
The
appeal from so much of the order of disposition as placed the
mother and the child Jamiah C. under the supervision of the
Westchester County Department of Social Services until
February 24, 2017, has been rendered academic, as it has
expired by its own terms (see Matter of Brianna M.
[Corbert G.], 152 A.D.3d 600, 601; Matter of Sarah
A. [Daniel A.], 109 A.D.3d 467).
"In
a neglect proceeding pursuant to Family Court Act article 10,
the petitioner has the burden of proving by a preponderance
of the evidence that the subject child was neglected"
(Matter of Geoffrey D. [Everton D.], 158 A.D.3d 758,
759; see Family Ct Act § 1046[b][i]). The
Family Court's findings with respect to credibility are
entitled to great weight (see Matter of Brianna M.
[Corbert G.], 152 A.D.3d at 601).
Here,
the Family Court's finding of neglect of the subject
children based on the mother's misuse of alcohol which
resulted in her loss of control (see Family Ct Act
§ 1012 [f][i][B]) and her inability to provide the
children with proper oversight (see Nicholson v
Scoppetta, 3 N.Y.3d 357, 372) is supported by a
preponderance of the evidence. The evidence presented at the
fact-finding hearing showed that the children were aware that
their mother and father were under the influence of drugs and
alcohol during an incident which occurred in January 2013,
that a responding police officer observed the mother to be
under the influence of drugs or alcohol and had the odor of
alcoholic beverages on her breath, and that the mother
admitted to a caseworker that she drank alcohol that night.
Further, during her testimony the mother minimized the
effects of the domestic violence engaged in by the father
against her and an adult child ...