Matter of Ashantewa W.L. (Doris L.), 2017 NY Slip Op 00975 [147 AD3d 838]

February 8, 2017

Appellate Division, Second Department

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In the Matter of Ashantewa W.L. Westchester County Department of Social Services, Respondent; Doris L., Appellant.

Christina T. Hall, Harrison, NY, for appellant.

Robert F. Meehan, County Attorney, White Plains, NY (James Castro-Blanco and Eileen Campbell O’Brien of counsel), for respondent.

Robin D. Carton, White Plains, NY, attorney for the child.

Appeal by the mother from an order of fact-finding of the Family Court, Westchester County (Kathie E. Davidson, J.), entered April 7, 2015. The order, after a fact-finding hearing, found that the mother neglected the subject child.

Ordered that the order of fact-finding is affirmed, without costs or disbursements.

To establish neglect of a child, the petitioner must demonstrate, by a preponderance of the evidence ( see Family Ct Act § 1046 [b] [i]), that the child’s physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired, and that actual or threatened harm to the child is a consequence of the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship ( see Family Ct Act § 1012 [f] [i] [B]; Nicholson v Scoppetta , 3 NY3d 357 , 368 [2004]). Here, the petitioner established, by a preponderance of the evidence, that the mother’s course of conduct impaired the subject child’s physical, mental, or emotional well-being, or placed her in imminent danger of such impairment ( see Matter of Tyler C. [Andrea G.] , 82 AD3d 1093 , 1095 [2011]; Matter of Angelique L. , 42 AD3d 569 , 572 [2007]).

The mother’s contentions regarding a temporary order of removal issued pursuant to Family Court Act § 1022 are not properly before this Court ( see Matter of Jamakie B. [Gwendolyn J.] , 119 AD3d 939 , 940 [2014]).

The mother’s remaining contention is without merit. Leventhal, J.P., Sgroi, LaSalle and Barros, JJ., concur..