IN RE: JASMINE B. (Anonymous). (2004)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: JASMINE B. (Anonymous). Administration for Children's Services, et al., respondents; Felisha B. (Anonymous), appellant.

Decided: February 02, 2004

SONDRA MILLER, J.P., HOWARD MILLER, STEPHEN G. CRANE, and REINALDO E. RIVERA, JJ.

David Bliven, Jamaica, N.Y., for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Leonard Koerner and Larry A. Sonnenshein of counsel), for respondent. Monica Drinane, Law Guardian, New York, N.Y. (Susan Clement of counsel), Law Guardian for the child.

In a proceeding pursuant to Family Court Act article 10, Felisha B. appeals from a fact-finding order of the Family Court, Queens County (Salinitro, J.), dated July 26, 2002, which, after a hearing, found that she neglected her daughter Jasmine B.

ORDERED that the order is affirmed, without costs or disbursements.

The determination of the Family Court that the appellant mother was guilty of neglect was supported by a preponderance of the evidence (see Family Ct Act § 1012[f][i][B], 1046[b][i]; Matter of Nicole V., 71 N.Y.2d 112, 117, 524 N.Y.S.2d 19, 518 N.E.2d 914). The evidence adduced at the fact-finding hearing showed that the mother reasonably should have known that the child was in imminent danger of being sexually abused, and that the mother's behavior constituted a willful omission in the protection of the subject child (see Matter of Christina P., 275 A.D.2d 783, 784, 713 N.Y.S.2d 743; Matter of Sara X., 122 A.D.2d 795, 796, 505 N.Y.S.2d 681).

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