Matter of Ashantewa W.L. (Doris L.)

2017 NY Slip Op 975, 147 A.D.3d 838, 46 N.Y.S.3d 431

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 8, 2017
• Docket: 2015-05818
• Status: Published

Opinion

Appeal by "the mother from an order of fact-finding of the Family Court, Westchester County (Kathie E. Davidson, J.), entered April 7, 2015. The order, after a fact-finding hearing, found that the mother neglected the subject child.

Ordered that the order of fact-finding is affirmed, without costs or disbursements.

To establish neglect of a child, the petitioner must demonstrate, by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]), that the child’s physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired, and that actual or threatened harm to the child is a consequence of the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship (see Family Ct Act § 1012 [f] [i] [B]; Nicholson v Scoppetta, 3 NY3d 357, 368 [2004]). Here, the petitioner established, by a preponderance of the evidence, that the mother’s course of conduct impaired the subject child’s physical, mental, or emotional well-being, or placed her in imminent danger of such impairment (see Matter of Tyler C. [Andrea G.], 82 AD3d 1093, 1095 [2011]; Matter of Angelique L., 42 AD3d 569, 572 [2007]).

The mother’s contentions regarding a temporary order of removal issued pursuant to Family Court Act § 1022 are not properly before this Court (see Matter of Jamakie B. [Gwendolyn J.], 119 AD3d 939, 940 [2014]).

The mother’s remaining contention is without merit.

Lev-enthal, J.R, Sgroi, LaSalle and Barros, JJ., concur.