| Matter of Nylah E. (Noemi C.) |
| 2020 NY Slip Op 03451 [184 AD3d 467] |
| June 18, 2020 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Nylah E., a Child Alleged to be Neglected. Noemi C., Appellant; Administration for Children's Services, Respondent, et al., Respondent. |
Daniel R. Katz, New York, for appellant.
James E. Johnson, Corporation Counsel, New York (Kevin Osowski of counsel), for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the child.
Order of disposition, Family Court, Bronx County (David J. Kaplan, J.), entered on or about June 12, 2019, to the extent it brings up for review a fact-finding order, same court and Judge, entered on or about June 5, 2019, which, after a hearing, found that respondent mother neglected the subject child, unanimously affirmed, without costs. Appeal from the fact-finding order unanimously dismissed, without costs, as subsumed in the appeal from the order of disposition.
Petitioner agency proved by a preponderance of the evidence that respondent neglected the child (see Family Ct Act §§ 1012 [f] [i] [B]; 1046 [b] [i]). The record shows that respondent's lack of insight into caring for the newborn child, coupled with her misuse of alcohol, placed the child in imminent danger of physical impairment (see Matter of Noah Jeremiah J. [Kimberly J.], 81 AD3d 37, 44 [1st Dept 2010]; see also Matter of Isaiah M. [Antoya M.], 96 AD3d 516 [1st Dept 2012]). Concur—Acosta, P.J., Richter, Mazzarelli, Webber, González, JJ.