| Matter of Megan L.G.H. (Theresa G.) |
| 2011 NY Slip Op 08148 [89 AD3d 843] |
| November 9, 2011 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Megan L.G.H. Administration for Children's Services, Respondent; Theresa G., Appellant. |
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Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and
Andrew S. Wellin of counsel), for respondent.
Catherine A. Sheridan, Carle Place, N.Y., Attorney for the Child.
In a child protective proceeding pursuant to Family Court Act article 10, the mother appeals, as limited by her brief, from so much of a fact-finding order of the Family Court, Queens County (Salinitro, J.), dated August 23, 2010, as, after a hearing, found that she neglected the subject child.
Ordered that the fact-finding order is affirmed insofar as appealed from, without costs or disbursements.
The Family Court's determination that the mother neglected the child was supported by a preponderance of the evidence. A "[n]eglected child" is defined by the Family Court Act as one "whose physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of [the] parent . . . to exercise a minimum degree of care . . . in providing the child with proper supervision or guardianship" (Family Ct Act § 1012 [f] [i] [B]). The petitioner established, by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]), that the mother's conduct, which included being intoxicated and in possession of a knife and marijuana, placed the child in imminent danger of impairment of her physical condition (see Family Ct Act § 1012 [f]; Nicholson v Scoppetta, 3 NY3d 357 [2004]; Matter of Kevin M.H. [Kenneth H.], 76 AD3d 1015 [2010]). Accordingly, the Family Court properly found that the mother neglected the child. Rivera, J.P., Eng, Belen and Austin, JJ., concur.