Opinion
2012-04-17
In the Matter of KHALIL M. (Anonymous).Administration for Children's Services, respondent;Ebony A. (Anonymous), appellant. (Proceeding No. 1)In the Matter of Xavier A. (Anonymous).Administration for Children's Services, respondent;Ebony A. (Anonymous), appellant. (Proceeding No. 2)In the Matter of A'taja A. (Anonymous).Administration for Children's Services, respondent;Ebony A. (Anonymous), appellant. (Proceeding No. 3).
Helene Chowes, New York, N.Y., for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow of counsel; Lisa A. Giunta on the brief), for respondent.
Helene Chowes, New York, N.Y., for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow of counsel; Lisa A. Giunta on the brief), for respondent.
Steven Banks, New York, N.Y. (Tamara A. Steckler and Elana Roffman of counsel), attorney for the children.
In three related child neglect proceedings pursuant to Family Court Act article 10, the mother appeals from an order of fact-finding of the Family Court, Kings County (Beckoff, J.), dated April 6, 2011, which, after a fact-finding hearing, found that she had neglected the subject children.
ORDERED that the order of fact-finding is affirmed, without costs or disbursements.
The mother appeals from a fact-finding order, which found that she neglected the subject children by failing to supply them with an adequate education ( see Family Ct. Act § 1012[f][i][A] ). At a fact-finding hearing 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 children were neglected ( see Family Ct. Act § 1046[b][i]; Matter of Aliyah B. [ Denise J.], 87 A.D.3d 943, 930 N.Y.S.2d 2). Here, the petitioner met its burden of establishing educational neglect by submitting evidence that, for several school years, each of the three subject children suffered excessive school absences and tardiness for which the mother failed to offer a reasonable justification ( see Family Court Act § 1012[f][i][A]; Matter of Aliyah B. [ Denise J.], 87 A.D.3d 943, 930 N.Y.S.2d 2; Matter of Mariah C. [ Frey C.-M.], 84 A.D.3d 1372, 923 N.Y.S.2d 892; Matter of Deanna R.G. [ Rajkumare B.], 83 A.D.3d 1064, 921 N.Y.S.2d 557; Matter of Eric C. [ Barbara C.], 79 A.D.3d 1037, 912 N.Y.S.2d 892; Matter of Evan F., 48 A.D.3d 811, 853 N.Y.S.2d 142).
The mother's remaining contention is without merit.