IN RE: PATRICK S. (Anonymous). (2008)

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

IN RE: PATRICK S. (Anonymous). Administration for Children's Services, respondent; Roseann D. (Anonymous), appellant.

Decided: June 24, 2008

FRED T. SANTUCCI, J.P., JOSEPH COVELLO, ARIEL E. BELEN, and CHERYL E. CHAMBERS, JJ.

Larry S. Bachner, Jamaica, N.Y., for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry S. Sonnenshein and Scott Shorr of counsel), for respondent. Steven Banks, New York, N.Y. (Tamara A. Steckler and Marcia Egger of counsel), attorney for the child.

In a child protective proceeding pursuant to Family Court Act article 10, the mother appeals from a fact-finding order of the Family Court, Richmond County (DiDomenico, J.), dated February 1, 2007, which, after a hearing, found the subject child to be educationally neglected.

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

Contrary to the mother's contention, the Family Court's finding of educational neglect is supported by a preponderance of the evidence (see Family Ct. Act § 1012[f][i][A]; § 1046[b]; Matter of Evan F., 48 A.D.3d 811, 853 N.Y.S.2d 142; Matter of John N., 19 A.D.3d 497, 498-499, 798 N.Y.S.2d 464). The Family Court could reasonably conclude that the mental condition of the child was in imminent danger of becoming impaired based upon the evidence of excessive absences during the school years 2005-2006 and 2006-2007 (see Matter of Evan F., 48 A.D.3d at 811, 853 N.Y.S.2d 142; Matter of Jovann B., 153 A.D.2d 858, 859, 545 N.Y.S.2d 376).

The mother's remaining contentions are without merit.

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