Matter of Samantha R. (Laurie R.)

Matter of Samantha R. (Laurie R.) 2014 NY Slip Op 02597 Decided on April 16, 2014 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 16, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
COLLEEN D. DUFFY, JJ.
2013-03399
(Docket No. N-14076-12)

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

and

Laurie R. (Anonymous), appellant.




Carol E. Castillo, East Setauket, N.Y., for appellant.
Dennis M. Brown, County Attorney, Central Islip, N.Y.
(Brian B. Mulholland of counsel), for
respondent.
Lynn Poster-Zimmerman, Huntington, N.Y., attorney for the
child.


DECISION & ORDER

In a child neglect proceeding pursuant to Family Court Act article 10, the mother appeals from an order of fact-finding of the Family Court, Suffolk County (Loguercio, J.), dated February 28, 2013, which, after a hearing, found that she neglected the subject child.

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

Contrary to the contention of the Suffolk County Department of Social Services, an appeal from an intermediate order in a case involving abuse or neglect may be taken as of right (see Family Ct Act § 1112[a]; Matter of Alyssa L. [Deborah K.], 93 AD3d 1083).

Contrary to the mother's contention, the Family Court did not err in relying upon the child's out-of-court statements, as those statements were sufficiently corroborated (see Matter of Astrid C., 43 AD3d 819; Matter of Whitney H., 19 AD3d 491). Further, the evidence adduced at the fact-finding hearing was sufficient to establish by a preponderance of the evidence that the mother neglected the subject child due to her abuse of alcohol (see Family Ct Act § 1046[a][iii]; Matter of Bianca P. [Theodore A.P.], 94 AD3d 1126).
DILLON, J.P., CHAMBERS, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court