Matter of Khalil M. (Ebony A.)

Matter of Matter of Khalil M. (Ebony A.) 2012 NY Slip Op 02881 Decided on April 17, 2012 Appellate Division, Second 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 April 17, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
ARIEL E. BELEN
JEFFREY A. COHEN, JJ.
2011-04600
(Docket Nos. N-4640-10, N-4641-10, N-4642-10)

[*1]In the Matter of Khalil M. (Anonymous). Administration for Children's Services, respondent;

and

Ebony A. (Anonymous), appellant. (Proceeding No. 1)



In the Matter of Xavier A. (Anonymous). Administration for Children's Services, respondent;

and

Ebony A. (Anonymous), appellant. (Proceeding No. 2)



In the Matter of A'taja A. (Anonymous). Administration for Children's Services, respondent;

and

Ebony A. (Anonymous), appellant. (Proceeding No. 3)




Helene Chowes, New York, N.Y., for appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y.
(Pamela Seider Dolgow of counsel;
Lisa A. Giunta on the brief), for
respondent.
Steven Banks, New York, N.Y. (Tamara A. Steckler and Elana
Roffman of counsel), attorney for the
children.


DECISION & ORDER

In three related child neglect proceedings pursuant to Family Court Act article 10, the mother appeals from an order of fact-finding of the Family Court, Kings County (Beckoff, J.), dated April 6, 2011, which, after a fact-finding hearing, found that she had neglected the subject children.

ORDERED that the order of fact-finding is affirmed, without costs or disbursements.

The mother appeals from a fact-finding order, which found that she neglected the subject children by failing to supply them with an adequate education (see Family Ct Act § 1012[f][i] [A]). At a fact-finding hearing in a neglect proceeding pursuant to Family Court Act article 10, the petitioner has the burden of proving by a preponderance of the evidence that the subject children were neglected (see Family Ct Act § 1046[b][i]; Matter of Aliyah B. [Denise J.], 87 AD3d 943). Here, the petitioner met its burden of establishing educational neglect by submitting evidence that, for several school years, each of the three subject children suffered excessive school absences and tardiness for which the mother failed to offer a reasonable justification (see Family Court Act § 1012[f][i][A]; Matter of Aliyah B. [Denise J.], 87 AD3d 943; Matter of Mariah C. [Frey C.-M.], 84 [*2]AD3d 1372; Matter of Deanna R.G. [Rajkumare B.], 83 AD3d 1064; Matter of Eric C. [Barbara C.], 79 AD3d 1037; Matter of Evan F., 48 AD3d 811).

The mother's remaining contention is without merit.
DILLON, J.P., ANGIOLILLO, BELEN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court