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In re Anthony FF.
Citations: 105 A.D.3d 1273; 963 N.Y.S.2d 483
Court: Appellate Division of the Supreme Court of the State of New York; April 25, 2013; New York; State Appellate Court
An appeal was filed by respondent Lisa GG. from a Family Court order that adjudicated her four children as neglected. The children were born in 1998, 2000, 2002, and 2005, with physical custody of the two oldest already granted to their father. In February 2011, a violent domestic incident occurred between Lisa and her current spouse, Marcus C., while all four children were present. The petitioner alleged neglect by both parents, citing the domestic violence and Lisa's failure to ensure her 2002-born child attended school. Following the incident, custody arrangements temporarily placed the 2002-born child with the petitioner, the youngest with his father, and the oldest two returned to their father. Marcus C. accepted a finding of neglect, while Family Court subsequently found Lisa guilty of neglecting all her children. Lisa agreed to a disposition aimed at reunification with the 2002-born child. The court's findings were upheld, with evidence showing imminent danger to the children and a failure by Lisa to provide a minimum standard of care. Despite her claims of being a victim of domestic violence, the court noted she also engaged in violent behavior and minimized Marcus C.’s actions post-incident. She violated court orders by allowing Marcus C. around the children and instructed them to conceal his presence. Additionally, there was substantial proof of educational neglect regarding the 2002-born child, including excessive absenteeism and lack of cooperation with school officials, which hindered the child's academic progress and special needs. The appellate court affirmed the Family Court's ruling, concluding that the neglect findings were well-supported by the evidence. The order was upheld without costs.