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In the Matter of the McM. Children, Alleged to be Neglected. Herman McM., Appellant; Commissioner of Social Services, Respondent

New York Supreme Court, Appellate Division1996-12-03
234 A.D.2d 5650 N.Y.S.2d 552

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

—Orders of disposition, Family Court, Bronx County (Marjory Fields, J.), entered April 13, 1995, placing the five subject children with the Commissioner of Social Services for 12 months, following a fact-finding determination that respondent had neglected the children, unanimously affirmed, without costs.

A preponderance of the evidence demonstrates that respondent, presently incarcerated for sexual and physical abuse of the children, had abandoned the children under Social Services Law § 384-b (5) by failing to write to them for over a year although able to do so, and thereby had neglected them under Family Court Act § 1012 (f) (ii) (see, Matter of Shaniqua L., 193 AD2d 370). Concur—Murphy, P. J., Sullivan, Ellerin, Nardelli and Mazzarelli, JJ.