Matter of Kierra C. (Kevin C.)

Matter of Kierra C. (Kevin C.) 2012 NY Slip Op 08726 Decided on December 19, 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 December 19, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
RUTH C. BALKIN
THOMAS A. DICKERSON
SYLVIA HINDS-RADIX, JJ.
2011-11706
2012-00061
(Docket No. N-16441-11)

[*1]In the Matter of Kierra C. (Anonymous). Suffolk County Department of Social Services, respondent;

and

Kevin C. (Anonymous), appellant.




Glen Suarez, Huntington, N.Y., for appellant.
Dennis M. Cohen, County Attorney, Central Islip, N.Y. (Karin
A. Bohrer of counsel), for respondent.
Diane B. Groom, Central Islip, N.Y., attorney for the child.


DECISION & ORDER

In a child protective proceeding pursuant to Family Court Act article 10, the father appeals (1) from an order of fact-finding and disposition of the Family Court, Suffolk County (Freundlich, J.), dated December 8, 2011, which, after a hearing, inter alia, found that he neglected the subject child, and (2) from a decision of the same court dated December 14, 2011.

ORDERED that the appeal from the decision dated December 14, 2011, is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509, 509-510); and it is further,

ORDERED that the order of fact-finding and disposition dated December 8, 2011, is affirmed, without costs or disbursements.

The Family Court's determination that the father neglected the subject child was supported by a preponderance of the evidence (see Family Ct Act §§ 1012[f][i][B]; 1046[b][i]). The evidence established, inter alia, that the father knew or should have known of the mother's drug use and failed to exercise a minimum degree of care to ensure that the mother did not abuse drugs during her pregnancy (see Matter of Niviya K. [Alfonso M.], 89 AD3d 1027, 1028; Matter of Carlena B., 61 AD3d 752, 752; Matter of Cantina B., 26 AD3d 327, 327-328; Matter of Kanika M., 270 AD2d 490, 490; Matter of K. Children, 253 AD2d 764, 765). The evidence further established that the father himself was a substance abuser (see Matter of Carlena B., 61 AD3d at 752).

Accordingly, the Family Court properly determined that the father neglected the child.
SKELOS, J.P., BALKIN, DICKERSON and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court