N.Y.C. Admin. for Children's Servs. v. Noemi C. (In re Jeffrey M.)

• Decision Date: 31 January 2013
• Citation: 102 A.D.3d 608,2013 N.Y. Slip Op. 00534,959 N.Y.S.2d 59
• Parties: In re JEFFREY M., A Dependent Child Under Eighteen Years of Age, etc., New York City Administration for Children's Services, Petitioner–Appellant, Noemi C., Respondent–Respondent.
• Court: New York Supreme Court — Appellate Division

102 A.D.3d 608
959 N.Y.S.2d 59
2013 N.Y. Slip Op. 00534

In re JEFFREY M., A Dependent Child Under Eighteen Years of Age, etc.,
New York City Administration for Children's Services, Petitioner–Appellant,
Noemi C., Respondent–Respondent.

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

Jan. 31, 2013.

[959 N.Y.S.2d 60]

Michael A. Cardozo, Corporation Counsel, New York (Janet L. Zaleon of counsel), for appellant.

Randall S. Carmel, Syosset, for respondent.

Steven N. Feinman, White Plains, attorney for the child.

GONZALEZ, P.J., SAXE, DeGRASSE, FREEDMAN, JJ.

[102 A.D.3d 608]Order, Family Court, Bronx County (Anne–Marie Jolly, J.), entered on or about March 31, 2011, which dismissed the neglect petition against respondent mother, unanimously affirmed, without costs.

Respondent is the mother of Jeffrey M., who was born in 2000. In September 2010, petitioner, the Administration for Children's Services (ACS), filed a neglect petition against respondent pursuant to Family Court Act article 10. The petition alleged that Jeffrey's physical, mental or emotional condition had been impaired, or was in imminent danger of becoming impaired, by the mother's misuse of drugs without attending a rehabilitation program, and by her failure to provide him with adequate food, clothing, shelter, proper supervision or guardianship.

ACS's caseworker, who was the only witness at the fact-finding inquest, testified that she commenced a child protective investigation upon receipt of a report from the State Central Register of Child Abuse and Maltreatment. In the course of the investigation, the caseworker visited and found respondent alone and living in a squalid abandoned building on August 26, 2010. When questioned about Jeffrey's whereabouts, respondent told the caseworker that the child had been living with his maternal aunt and grandmother since September 2009 when she became ill with lupus and lost her apartment. Respondent stated that Jeffrey occasionally visited her at the abandoned building. Respondent admitted to the caseworker that she used marijuana and crack cocaine and supported herself by means of panhandling and prostitution. Respondent stated, however, that she never used or was under the influence of drugs while around Jeffrey.

The caseworker interviewed Jeffrey at his school on August 30, 2010. Jeffrey confirmed that he was living with his [102 A.D.3d 609]grandmother and aunt and enjoyed doing so. Jeffrey stated that he occasionally visited...