Matter of Sophia P.

Matter of Sophia P. 2009 NY Slip Op 07643 [66 AD3d 908] October 20, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 9, 2009

In the Matter of Sophia P., a Child Alleged to be Neglected. Administration for Children's Services, Respondent; Eman C., Appellant, et al., Respondent. (Proceeding No. 1.) In the Matter of Samantha J., a Child Alleged to be Neglected. Administration for Children's Services, Respondent; Eman C., Appellant, et al., Respondent. (Proceeding No. 2.) In the Matter of Christina J., a Child Alleged to be Neglected. Administration for Children's Services, Respondent; Eman C., Appellant, et al., Respondent. (Proceeding No. 3.)

—[*1] Yasmin Daley Duncan, Brooklyn, N.Y., for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Dona B. Morris of counsel), for petitioner-respondent.

Steven Banks, New York, N.Y., attorney for the children.

In three related proceedings pursuant to Family Court Act article 10, the mother appeals, as limited by her brief, from so much of an order of disposition of the Family Court, Richmond County (DiDomenico, J.), dated November 5, 2007, as, upon a fact-finding order of the same court dated September 11, 2007, determined that she had neglected the subject children. The appeal from the order of disposition brings up for review the fact-finding order dated September 11, 2007.

Ordered that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.

The Family Court's finding of neglect as to Christina J. and Samantha J., based on the mother locking them out of her home overnight, and locking Samantha J. in a room while she left the home [*2]to go to the bank, is supported by a preponderance of the evidence (see Family Ct Act § 1012 [f] [i] [B]; § 1046 [b] [i]). Furthermore, because the mother's conduct toward Christina J. and Samantha J. demonstrated a fundamental defect in her understanding of parental duties relating to the care of children, there was sufficient evidence to make a finding of derivative neglect as to Sophia P. (see Family Ct Act § 1046 [a] [i]; Matter of Amber C., 38 AD3d 538 [2007]). Dillon, J.P., Eng, Belen and Hall, JJ., concur.