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

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

IN RE: Maria Daniella R. (Anonymous).  Commissioner of Administration for Children's Services of City of New York, respondent;  Maria A. (Anonymous), appellant.  (Proceeding No. 1) In the Matter of Maria Mercedes R. (Anonymous).  Commissioner of Administration for Children's Services of City of New York, respondent;  Maria A. (Anonymous), appellant.  (Proceeding No. 2) In the Matter of Maria Andrea R. (Anonymous).  Commissioner of Administration for Children's Services of City of New York, respondent;  Maria A. (Anonymous), appellant.  (Proceeding No. 3)

2010–07373 (Docket Nos. N–720–10, N–721–10, N–722–10)

Decided: May 31, 2011

JOSEPH COVELLO, J.P. RANDALL T. ENG JOHN M. LEVENTHAL JEFFREY A. COHEN, JJ. Christopher J. Robles, Brooklyn, N.Y., for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Deborah A. Brenner of counsel), for respondent.   Steven Banks, New York, N.Y. (Tamara A. Steckler and Marcia Egger of counsel), attorney for the children.

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

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