Opinion
No. 2010-01181, Docket No. N-15189-09.
December 21, 2010.
In a child protective proceeding pursuant to Family Court Act article 10, the mother appeals from an order of fact-finding and disposition of the Family Court, Suffolk County (Tarantino, Jr., J.), dated January 15, 2010, which, after a fact-finding hearing, inter alia, found that she neglected the subject child.
Cynthia Holfester-Neugebauer, Glen Head, N.Y., for appellant.
Christine Malafi, County Attorney, Central Islip, N.Y. (James G. Bernet of counsel), for respondent.
Del Atwell, East Hampton, N.Y., attorney for the child.
Before: Rivera, J.P., Dickerson, Lott and Sgroi, JJ.
Ordered that the order of fact-finding and disposition is affirmed, without costs or disbursements.
The mother appeals from an order finding that she neglected her son by failing to supply him with an adequate education ( see Family Ct Act § 1012 [f] [i] [A]). The petitioner met its burden of establishing educational neglect by a preponderance of the evidence ( see Family Ct Act § 1046 [b] [i]; Matter of Cunntrel A. [Jermaine D.A.], 70 AD3d 1308; Matter of Evan F., 48 AD3d 811; Matter of John K, 19 AD3d 497, 498-499). The petitioner submitted unrebutted evidence of excessive school absences, and the mother failed to offer a reasonable justification for the absences ( see Matter of Cunntrel A. [Jermaine D.A.], 70 AD3d at 1308; Matter of Evan F., 48 AD3d at 811; Matter of John N., 19 AD3d at 498-499).
The mother's remaining contentions are without merit.