Matter of Alasha M. (Lakilya M.)

Matter of Alasha M. (Lakilya M.) 2009 NY Slip Op 08069 [67 AD3d 476] November 10, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 6, 2010

In the Matter of Alasha M. and Others, Children Alleged to be Neglected. Lakilya M., Appellant; Administration for Children's Services, Respondent.

—[*1] Lisa H. Blitman, New York, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Drake A. Colley of counsel), for respondent.

Order of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or about September 21, 2006, which, upon a fact-finding determination that respondent mother neglected Nyasia M. and derivatively neglected Alasha M., Terrell M. and Victoria S., released the children to respondent's custody under the supervision of the Administration for Children's Services, unanimously affirmed, without costs.

The determination that respondent neglected Nyasia and derivatively neglected the three other children was supported by a preponderance of the evidence (Family Ct Act § 1012 [f] [i]; § 1046 [b] [i]) showing that, although respondent should have known that Nyasia was in danger of being sexually abused by respondent's live-in boyfriend, respondent permitted the boyfriend to remain in the family home unsupervised (see Matter of Alexis C., 27 AD3d 646 [2006]; Matter of Jasmin O., 222 AD2d 240 [1995]; Matter of Vincent M., 193 AD2d 398, 403-404 [1993]), thereby demonstrating parental judgment so impaired as to create a substantial risk of harm for any child in her care (see Matter of Joshua R., 47 AD3d 465 [2008], lv denied 11 NY3d 703 [2008]). Concur—Tom, J.P., Friedman, Nardelli, Buckley and Richter, JJ.