Matter of Izabela S. (Angelica A.--Randy S.)

2017 NY Slip Op 7939, 155 A.D.3d 446, 63 N.Y.S.3d 665
Appellate Division of the Supreme Court of the State of New York·Decided November 14, 2017·No. 4917 4916·Published·Cited by 1 cases

Opinion

Order of fact-finding, Family Court, New York County (Jane Pearl, J.), entered on or about January 8, 2016, which, to the extent appealed from as limited by the briefs, after a hearing, found that respondents had neglected the subject child, unanimously affirmed, without costs.

A preponderance of the evidence supports the finding that the respondent parents neglected the subject child (see Family Ct Act § 1046 [b] [i]), a child with severe physical and neurological anomalies, by failing to provide her with adequate nutrition (see Matter of Camara R., 263 AD2d 710, 712 [3d Dept 1999]), by missing crucial appointments with medical professionals and specialists (see Matter of Briana S. [LaQueena S.], 91 AD3d 447, 448 [1st Dept 2012]) and by being lax in their day-to-day oversight of her care and safety (see Family Ct Act § 1012 [f] [i] [A], [B]).

Contrary to the parents’ unpreserved contention, Family Court properly conformed the pleadings to the proof adduced at the hearing (Family Ct Act § 1051 [b]).

Concur—Friedman, J.P., Kapnick, Webber, Gesmer and Oing, JJ.

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Matter of Izabela S. (Angelica A.--Randy S.), 2017 NY Slip Op 7939, 155 A.D.3d 446, 63 N.Y.S.3d 665 (N.Y. Ct. App. 2017).

2017 NY Slip Op 7939 (Matter of Izabela S. (Angelica A.--Randy S.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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