IN RE: WISDOM M. (Anonymous). (2006)

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

IN RE: WISDOM M. (Anonymous). Administration for Children's Services, petitioner-respondent; Catherine M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Wadjet R. (Anonymous). Administration for Children's Services, petitioner-respondent; Catherine M. (Anonymous), appellant, et al., respondent. (Proceeding No. 2).

Decided: August 01, 2006

STEPHEN G. CRANE, J.P., GLORIA GOLDSTEIN, REINALDO E. RIVERA, and ROBERT A. LIFSON, JJ.

Andrew John Calcagno, Staten Island, N.Y., for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Julian L. Kalkstein of counsel), for petitioner-respondent. Jon E. Lemole, Staten Island, N.Y., Law Guardian for the children.

In related child neglect proceedings pursuant to Family Court Act article 10, the mother appeals from a fact-finding order of the Family Court, Richmond County (McElrath, J.), dated January 31, 2005, which, after a hearing, found that she had derivatively neglected the subject children.

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

A finding of derivative neglect is supported by the evidence indicating the appellant's lack of understanding of her parental responsibilities (see Matter of John N. Jr., 19 A.D.3d 497, 499, 798 N.Y.S.2d 464; Matter of Rico D., 19 A.D.3d 416, 417, 796 N.Y.S.2d 144; Matter of Ramsay M., 17 A.D.3d 678, 679, 794 N.Y.S.2d 105; Matter of Rasheda S., 183 A.D.2d 770, 771, 586 N.Y.S.2d 522). After the appellant was previously found to have neglected two of her other children, she failed to follow a plan for the return of those children developed by the Administration for Children's Services. Accordingly, we find no basis to disturb the Family Court's determination.

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