Matter of Brittany M.
2008 NY Slip Op 10433 [57 AD3d 1520]
December 31, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


In the Matter of Brittany M. and Others, Infants. Oneida County Department of Social Services, Respondent; Dan A., Appellant.

—[*1] Ann W. Manion, Utica, for respondent-appellant.

John A. Herbowy, Utica, for petitioner-respondent.

William L. Koslosky, Law Guardian, Utica, for Brittany M., Emily A.,

Janna A., Kayla J. and Stacey A.

Appeal from an order of the Family Court, Oneida County (Frank S. Cook, J.), entered December 23, 2005 in a proceeding pursuant to Family Court Act article 10. The order, inter alia, determined that respondent had derivatively neglected the subject children.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Family Court. Present—Scudder, P.J., Hurlbutt, Fahey, Peradotto and Pine, JJ.