IN RE: FATIMA A. (Anonymous).

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

IN RE: FATIMA A. (Anonymous). Commissioner of Administration for Children's Services, respondent; Aquila A. (Anonymous), appellant.  (Proceeding No. 1) In the Matter of Bushra A. (Anonymous). Commissioner of Administration for Children's Services, respondent; Aquila A. (Anonymous), appellant.  (Proceeding No. 2)

Decided: October 30, 2000

CORNELIUS J. O'BRIEN, J.P., LEO F. McGINITY, DANIEL F. LUCIANO and ROBERT W. SCHMIDT, JJ. Aquila A., Brooklyn, N.Y., appellant pro se. Michael D. Hess, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Sharyn Rootenberg of counsel), for respondent.

In two related child protective proceedings pursuant to Family Court Act article 10, the mother appeals from two dispositional orders of the Family Court, Kings County (Pearce, J.) (one as to each child), both dated July 26, 1999, which, upon determinations made after a hearing that the subject children were educationally neglected, placed the subject children with the Commissioner of the Administration for Children's Services for a period of one year.

ORDERED that the appeals from so much of the dispositional orders as placed the children in the custody of the Commissioner of the Administration for Children's Services for a period of one year are dismissed, without costs or disbursements;  and it is further,

ORDERED that the dispositional orders are affirmed insofar as reviewed, without costs or disbursements.

 The dispositional orders appealed from have expired by their own terms.   Accordingly, the appeals from so much of the dispositional orders as placed the subject children with the Commissioner of the Administration for Children's Services must be dismissed as academic (see, Matter of Alan B., 267 A.D.2d 306, 700 N.Y.S.2d 200;  Matter of Keith C., 226 A.D.2d 369, 640 N.Y.S.2d 221).   The adjudications of neglect, however, have not been rendered academic, since a finding of neglect constitutes a permanent and significant stigma from which potential consequences may flow (see, Matter of Alan B., supra, 267 A.D.2d at 306, 700 N.Y.S.2d 200;  Matter of Octavia S., 255 A.D.2d 316, 679 N.Y.S.2d 415;  Matter of the H. Children, 156 A.D.2d 520, 548 N.Y.S.2d 586).

 The Family Court's determination was supported by a preponderance of the evidence (see, Family Ct. Act § 1046[b][i] ).   The respondent established a prima facie case of educational neglect with respect to both Bushra and Fatima (see, Matter of Ryan J., 255 A.D.2d 999, 1000, 679 N.Y.S.2d 495;  Matter of Kyle T., 255 A.D.2d 945, 680 N.Y.S.2d 376;  Matter of Heith S., 189 A.D.2d 875, 876, 592 N.Y.S.2d 795;  Matter of Jovann B., 153 A.D.2d 858, 859, 545 N.Y.S.2d 376;  Matter of Christa H., 127 A.D.2d 997, 513 N.Y.S.2d 65;  Matter of Michael W., 123 A.D.2d 874, 875, 507 N.Y.S.2d 655).   The respondent demonstrated that Bushra was absent 101 of 166 days during the 1996-1997 school year, and the appellant offered no evidence to show that Bushra was receiving the required instruction elsewhere.   Further, although the appellant was allegedly given permission by the Board of Education to home school Fatima, she failed to provide the court with certified copies of the appropriate documentation along with the certified reports required to be submitted to the Board of Education.   In any event, the appellant offered no evidence to show that Fatima received the required schooling.

Since the appellant failed to offer any evidence to show that Bushra was attending school or was being home-schooled, or that Fatima was home-schooled in accordance with the Board of Education requirements, the finding of educational neglect is supported by a preponderance of the evidence (see, Matter of Chad V., 265 A.D.2d 607, 608, 695 N.Y.S.2d 764;  Matter of Ryan J., supra;  Matter of Heith S., supra, 189 A.D.2d at 876, 592 N.Y.S.2d 795;  Matter of Jovann B., supra, 153 A.D.2d at 859, 545 N.Y.S.2d 376).

MEMORANDUM BY THE COURT.

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