CARRIE RESPONDENT AND JERMAINE RESPONDENT APPELLANT v. << (2010)

MEMORANDUM AND ORDER

SUSAN B. MARRIS, LAW GUARDIAN, MANLIUS, FOR CUNNTREL A., DAYJAHI M.A.,

DUVON J.A., AND TRYMEIR D.A.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum:  Respondent father appeals from an order adjudicating two of his children to be neglected based on his failure to supply them with adequate education (see Family Ct Act § 1012[f][i][A] ).   Contrary to the father's contention, petitioner met its burden of establishing educational neglect by a preponderance of the evidence (see § 1046[b][i];  Matter of Ember R., 285 A.D.2d 757, 758, lv denied 97 N.Y.2d 604).   Petitioner submitted evidence establishing that each child had “a significant, unexcused absentee rate that [had] a detrimental effect on [each] child's education” (Ember R., 285 A.D.2d at 758;  see Matter of Matthew B., 24 AD3d 1183;  Matter of Dareth O., 304 A.D.2d 667).   The father failed to present “evidence that the [children are] attending school and receiving the required instruction in another place” or to establish a reasonable justification for the children's absences and thus failed to rebut the prima facie evidence of educational neglect (Matter of Christa H., 127 A.D.2d 997, 997;  see Matter of Brian H., 2 Misc.3d 1003 [A], 2003 N.Y. Slip Op 51715[U];  see generally Matthew B., 24 AD3d 1183).

Patricia L. Morgan

Clerk of the Court