In re Samara M.
Matter of Samara
M. v Felicia M.
2005 NY Slip Op
05186
Decided on
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to
Judiciary Law § 431.
This opinion is uncorrected and subject to revision before
publication in the Official Reports.
Decided on
Tom, J.P., Friedman, Gonzalez, Catterson,
JJ.
6353- 6353A - 6353B - 6353C
[*1]In re Samara M. and Others, Children Under the Age of
Eighteen Years, etc.,
and
Felicia M., Respondent-Appellant,
Commissioner of the Administration for Children's Services of the City of
George E. Reed, Jr.,
Michael A. Cardozo, Corporation
Counsel,
Colley of counsel), for respondent.
Steven Banks, The Legal Aid
Society,
Pappadopoulos of counsel), Law Guardian.
Orders of disposition, Family Court, New York County (Rhoda
J. Cohen, J.), entered on or about February 24, 2003, insofar as they bring up
for review and are premised upon findings that respondent mother neglected the
subject children within the meaning of Family Court Act § 1012(f), unanimously
affirmed, without costs.
Petitioner proved by the requisite preponderance of the
evidence (Matter of Nicole V., 71 NY2d 112, 117 [1987]) that the subject
children were neglected. There was unrebutted
testimony that the mother suffered from alcohol abuse, inflicted excessive
corporal punishment upon the children and exposed them to hazardous conditions
in the home (see Matter of Jessica DiB., 6 AD3d 533
[2004]). The hearing court's reliance on out-of-court statements by one of the
children was proper, the statements having been sufficiently corroborated by
the caseworker's observations of bruises and scratches on the children (see
Matter of Nicole H., 12 AD3d 182 [2004]).
Respondent's remaining arguments are unavailing. We note
that her arguments respecting the children's representation by the law guardian
during the dispositional phase of the [*2]neglect
proceedings are not properly before us, the term of the placement directed in
the orders of disposition having expired.
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED:
CLERK