IN RE: LORELEI M.

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

IN RE: LORELEI M. Chautauqua County Department of Social Services, Petitioner-Respondent; Andrew M. and Bethany M., Respondents-Appellants.

Decided: November 13, 2009

PRESENT:  SCUDDER, P.J., MARTOCHE, SMITH, CARNI, AND GREEN, JJ. Stasia Zoladz Vogel, Derby, for Respondents-Appellants. Barbara L. Widrig, Mayville, for Petitioner-Respondent. Ronald A. Szot, Law Guardian, Dunkirk, for Lorelei M.

In this neglect proceeding pursuant to Family Court Act article 10, respondent parents appeal from an order adjudicating their daughter to be a neglected child.   Contrary to the parents' contention, petitioner presented evidence establishing that the physical, mental or emotional condition of the child has been impaired or is in imminent danger of becoming impaired as a result of her parents' failure to exercise a minimum degree of care in providing her with adequate food and medical care (see § 1012[f][i][A] ).   Petitioner established that the child failed to thrive because she was undernourished, and that her condition was “of such a nature as would ordinarily not ․ exist except by reason of the acts or omissions of the parent[s]” (§ 1046[a][ii];  see Matter of Kayla C., 19 A.D.3d 692, 797 N.Y.S.2d 559;  Matter of Camara R., 263 A.D.2d 710, 712, 693 N.Y.S.2d 681;  Matter of Female W., 182 A.D.2d 589, 583 N.Y.S.2d 363).

We have examined the parents' remaining contentions and conclude that they are either unpreserved or without merit.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

MEMORANDUM: