In re the McM. Children

234 A.D.2d 5, 650 N.Y.S.2d 552, 1996 N.Y. App. Div. LEXIS 12269

Opinion

—Orders of disposition, Family Court, Bronx County (Marjory Fields, J.), entered April 13, 1995, placing the five subject children with the Commissioner of Social Services for 12 months, following a fact-finding determination that respondent had neglected the children, unanimously affirmed, without costs.

A preponderance of the evidence demonstrates that respondent, presently incarcerated for sexual and physical abuse of the children, had abandoned the children under Social Services Law § 384-b (5) by failing to write to them for over a year although able to do so, and thereby had neglected them under Family Court Act § 1012 (f) (ii) (see, Matter of Shaniqua L., 193 AD2d 370). Concur—Murphy, P. J., Sullivan, Ellerin, Nardelli and Mazzarelli, JJ.