IN RE: ELIANI M.-R. (2019)

Order of disposition, Family Court, New York County (Emily M. Olshansky, J.), entered on or about May 10, 2017, to the extent it brings up for review a fact-finding order, same court and Judge, entered on or about November 4, 2016, which found that respondent mother neglected the subject child, unanimously affirmed, without costs.  Appeal from fact-finding order unanimously dismissed, without costs, as subsumed in the appeal from the order of disposition.

The Family Court's finding that the mother neglected the subject child was supported by a preponderance of the evidence (see Family Ct Act § 1046[b][i] ).  The evidence showed that the mother, carrying cocaine and ecstasy, traveled to New Jersey in a vehicle with her 13–year–old daughter to engage in a drug transaction (see Matter of Evan E. [Lasheen E.], 95 A.D.3d 1114, 943 N.Y.S.2d 782 [2d Dept. 2012];  see also Matter of Essleiny A. [Rafael A.], 142 A.D.3d 862, 862, 37 N.Y.S.3d 542 [1st Dept. 2016], lv denied 28 N.Y.3d 911, 2016 WL 7396976 [2016] ).  She then dropped off her husband and the child in a parking lot to wait for her, drove to an adjoining parking lot, sold cocaine to a male and gave him an ecstacy tablet.  She then drove around the corner of the motel to pick up her child and husband.  Before she could exit the parking lot, the police arrested her for narcotics trafficking, in front of the child, who began to cry hysterically.  By placing the child in close proximity to narcotics in the car and in close proximity to narcotics trafficking as she was merely in an adjoining parking lot, the mother placed the child in imminent danger to her physical, mental and emotional well-being (see e.g. Matter of Jaylin E. [Jessica G.], 81 A.D.3d 451, 916 N.Y.S.2d 81 [1st Dept. 2011];  see Matter of Eugene L. [Julianna H.], 83 A.D.3d 490, 921 N.Y.S.2d 61 [1st Dept. 2011] ).

In view of our affirmance of Family Court's order on the basis discussed above, we need not reach the issue of whether the Family Court properly found that the mother neglected the subject child by misusing drugs.