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IN RE: DIAMOND K. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 1). In the Matter of Doneisha H. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 2). In the Matter of Deemeaka H. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 3). In the Matter of Deseree J. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 4). In the Matter of Deana J. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 5). In the Matter of Jerail J. (Anonymous). Administration for Children's Services, respondent; Shameaka K. (Anonymous), appellant. (Proceeding No. 6).
In six related child protective proceedings pursuant to Family Court Act article 10, the mother appeals from a fact-finding order of the Family Court, Queens County (Richardson, J.), dated April 6, 2005, which, after a hearing, found that she abused the deceased child Dasheem J., and derivatively abused the subject children.
ORDERED that the fact-finding order is affirmed, without costs or disbursements.
The mother did not object to the procedure employed by the Family Court for the admission of certain medical articles into evidence. Thus, her contention with respect thereto is unpreserved for appellate review (see CPLR 5501[a][3]; Matter of Pennino, 289 A.D.2d 248, 734 N.Y.S.2d 477).
The Family Court's determination that Dasheem J. was an abused child was supported by the record (see Family Ct. Act § 1012[e]; Matter of Anesia E., 23 A.D.3d 465, 805 N.Y.S.2d 623; Matter of Aaron S., 215 A.D.2d 395, 626 N.Y.S.2d 227). The Family Court's assessment of the conflicting expert testimony is entitled to deference, and we decline to disturb its determination where, as here, it is clearly supported by the record (see Matter of Irene O., 38 N.Y.2d 776, 381 N.Y.S.2d 865, 345 N.E.2d 337; Matter of Aminat O., 20 A.D.3d 480, 797 N.Y.S.2d 767; Matter of Aaron S., supra ).
The mother's actions demonstrated a fundamental defect in her understanding of the duties of parenthood and created a substantial risk that her other children would be subject to the same abuse. Therefore, the findings that the surviving children were derivatively abused were properly made (see Family Ct. Act § 1012 [e][ii]; Matter of Nicole G., 274 A.D.2d 478, 711 N.Y.S.2d 908).
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Decided: July 11, 2006
Court: Supreme Court, Appellate Division, Second Department, New York.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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