Matter of Christian M. (Jill L.), 2019 NY Slip Op 07072 [176 AD3d 712]

October 2, 2019

Appellate Division, Second Department

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In the Matter of Christian M. Suffolk County Department of Social Services, Respondent; Jill L., Appellant.

Heather A. Fig, Bayport, NY, for appellant.

Dennis M. Brown, County Attorney, Central Islip, NY (Jennifer L. Basile of counsel), for respondent.

Judd & Moss, P.C., Ronkonkoma, NY (Francine H. Moss of counsel), attorney for the child.

In a proceeding pursuant to Family Court Act article 10, the mother appeals from an order of fact-finding and disposition of the Family Court, Suffolk County (Bernard Cheng, J.), dated July 12, 2018. The order of fact-finding and disposition, upon a decision of the same court dated June 18, 2018, made after a fact-finding hearing, inter alia, found that the mother neglected the subject child. The notice of appeal from the decision is deemed to be a notice of appeal from the order of fact-finding and disposition ( see CPLR 5512 [a]).

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

Contrary to the mother’s contention, giving deference to the Family Court’s credibility determinations ( see Matter of Irene O. , 38 NY2d 776, 777 [1975]; Matter of Dylan G. [Victor M.] , 119 AD3d 786, 787 [2014]), there was sufficient evidence adduced at the fact-finding hearing of the mother’s repeated misuse of prescription medication and marijuana to establish a prima facie case of neglect ( see Family Ct Act § 1046 [a] [iii]; Matter of Giah A. [Israel A.] , 154 AD3d 841, 842 [2017]; Matter of Michael D. [Michael D.] , 151 AD3d 851, 851 [2017]; Matter of Audrey K. [Erik K.] , 108 AD3d 717, 717 [2013]; see also Matter of Ishaq B. [Lea B.] , 121 AD3d 889, 889-890 [2014]; Matter of Maria Daniella R. [Maria A.] , 84 AD3d 1384, 1385 [2011]). The mother, who was not participating in a rehabilitative program at the time of the hearing, failed to rebut this prima facie showing ( see Matter of Chrystal W. [Renee W.] , 136 AD3d 835, 835-836 [2016]). Accordingly, we agree with the Family Court’s determination that the mother neglected the child. Balkin, J.P., Chambers, Austin and LaSalle, JJ., concur..