Matter of Andrei S. |
2008 NY Slip Op 00274 [47 AD3d 721] |
January 15, 2008 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
In the Matter of Andrei S. Administration for Children's Services of City of New York et al., Respondents; Raphael S., Appellant. |
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Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Barry P. Schwartz and Scott Shorr of counsel), for respondent Administration for Children's Services of City of New York.
Steven Banks, New York, N.Y. (Tamara A. Steckler and Marcia Egger of counsel), Law Guardian.
In a proceeding pursuant to Family Court Act article 10, the father appeals, as limited by his brief, from so much of a fact-finding order of the Family Court, Kings County (Freeman, J.), dated July 13, 2006, as, after a fact-finding hearing, found that he neglected the subject child.
Ordered that the fact-finding order is affirmed insofar as appealed from, without costs or disbursements.
Contrary to the father's contention, the Family Court correctly found, by a preponderance of the evidence, that he neglected his son by failing to provide him with adequate medical care (see Family Ct Act § 1012 [f] [i] [A]; § 1046 [b] [i]). When the father became aware of the child's condition, he failed to promptly seek medical care for the child or to follow through on recommendations from medical authorities, thus supporting a finding of neglect (see Matter of William AA., 24 AD3d 1125 [2005]; Matter of Zakrya M., 18 AD3d 754 [2005]). Skelos, J.P., Santucci, Lifson and Carni, JJ., concur.