IN RE: Maria Daniella R. (Anonymous).  Commissioner of Administration for Children's Services of City of New York (2011)

Argued—May 13, 2011

DECISION & ORDER

In three related child protective proceedings pursuant to Family Court Act article 10, the mother appeals from a fact-finding order of the Family Court, Richmond County (Wolff, J.), dated July 13, 2010, which, after a hearing, found that she neglected the subject children.

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

The mother's repeated use of marijuana provided a basis for a finding of neglect (see Family Ct Act § 1046[a][iii] ).   The mother's claim that the children's out-of-court statements were not reliable is without merit.   The out-of-court statements made to the caseworker by the two oldest daughters served to cross-corroborate each other, and those statements were further corroborated by the testimony of the caseworker that the mother admitted to smoking marijuana (see Matter of Nicole V., 71 N.Y.2d 112;  Matter of Andrew W. [Randolph A.W.], 83 AD3d 727;  Matter of Dave D. [Jean D.], 71 AD3d 673).   That evidence, together with a negative inference drawn from the mother's failure to testify, was sufficient to support the Family Court's finding of neglect (see Matter of Charlie S. [Rong S.], 82 AD3d 1248).

COVELLO, J.P., ENG, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court