In re Nivek A.S.

• Decision Date: 09 March 2017
• Citation: 48 N.Y.S.3d 662,148 A.D.3d 459
• Parties: In re NIVEK A.S., and Others, Children Under the Age of Eighteen Years, etc., Juanita S., Respondent–Appellant, Administration for Children's Services, Petitioner–Respondent.
• Court: New York Supreme Court — Appellate Division

148 A.D.3d 459

48 N.Y.S.3d 662

In re NIVEK A.S., and Others, Children Under the Age of Eighteen Years, etc., Juanita S., Respondent–Appellant, Administration for Children's Services, Petitioner–Respondent.

Supreme Court, Appellate Division, First Department, New York.

March 9, 2017.

Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for appellant.

Zachary W. Carter, Corporation Counsel, New York (Diana Lawless of counsel), for respondent.

Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the children.

SWEENY, J.P., MAZZARELLI, MOSKOWITZ, KAHN, JJ.

Order of fact-finding, Family Court, New York County (Stewart H. Weinstein, J.), entered on or about January 21, 2015, which, to the extent appealed from as limited by the briefs, determined, after a hearing, that respondent mother had neglected the subject children, unanimously affirmed, without costs.

The finding of neglect is supported by a preponderance of the evidence (see Family Ct. Act § 1046[b][i] ), and the court's credibility determinations are entitled to deference (Matter of Irene O., 38 N.Y.2d 776, 777, 381 N.Y.S.2d 865, 345 N.E.2d 337 [1975] ; Matter of Brianna R. [Maribel R.],

115 A.D.3d 403, 408, 981 N.Y.S.2d 95 [1st Dept.2014] ).

The chronic poor hygiene of the children is well documented in the record and demonstrated that the children were at imminent risk of impairment (see Matter of Naqi T. [Marlena S.], 129 A.D.3d 444, 444–445, 10 N.Y.S.3d 240 [1st Dept.2015] ; Matter of Inbunique V., 22 A.D.3d 412, 413, 802 N.Y.S.2d 357 [1st Dept.2005] ). The mother also medically neglected one child's severe eczema, which resulted in a three-day hospitalization (see Matter of Sahairah J. [Rosemarie R.], 135 A.D.3d 452, 453, 25 N.Y.S.3d 6 [1st Dept.2016] ; Matter of Khelia B., 298 A.D.2d 132, 132, 748 N.Y.S.2d 352 [1st Dept.2002] ). In addition, two of the children had excessive absences from school and were excessively tardy, which detrimentally affected their education and contributed to poor grades (see Matter of Jonathan M. [Gilda L.], 139 A.D.3d 438, 438–439, 29 N.Y.S.3d 182 [1st Dept.2016] ). The mother also prohibited one of the children from attending a school-recommended evaluation (see Matter of Kiera R. [Kinyetta R.], 99 A.D.3d 565, 565, 952 N.Y.S.2d 185 [1st Dept.2012] ).