IN RE CEVON W., AND ANOTHER, DEPENDENT CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., TALISHA W., res-ap, ADMINISTRATION FOR CHILDREN'S SERVICES, pet-res

10822. IN RE CEVON W., AND ANOTHER, DEPENDENT CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., TALISHA W., res-ap, ADMINISTRATION FOR CHILDREN'S SERVICES, pet-res — Law Office of Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), for ap — Michael A. Cardozo, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for res — ANDREW J. BAER, NEW YORK, ATTORNEY FOR THE CHILD CEVON W. KAREN FREEDMAN, LAWYERS FOR CHILDREN, INC., NEW YORK (SHIRIM NOTHENBERG OF COUNSEL), ATTORNEY FOR THE CHILD ANTHONY J.—Order of disposition, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about July 18, 2012, which, to the extent appealed from as limited by the briefs, brings up for review a fact-finding determination that appellant mother neglected her son and derivatively neglected her daughter, unanimously affirmed, without costs.

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10822. IN RE CEVON W., AND ANOTHER, DEPENDENT CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., TALISHA W., res-ap, ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res — Law Office of Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), for ap — Michael A. Cardozo, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for res — ANDREW J. BAER, NEW YORK, ATTORNEY FOR THE CHILD CEVON W. KAREN FREEDMAN, LAWYERS FOR CHILDREN, INC., NEW YORK (SHIRIM NOTHENBERG OF COUNSEL), ATTORNEY FOR THE CHILD ANTHONY J.—Order of disposition, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about July 18, 2012, which, to the extent appealed from as limited by the briefs, brings up for review a fact-finding determination that appellant mother neglected her son and derivatively neglected her daughter, unanimously affirmed, without costs.

The Family Court’s neglect finding as to appellant’s son, a child with special needs, was supported by a preponderance of the evidence (see Matter of Ameena C. [Wykisha C.], 83 AD3d 606 [1st Dept 2011]; Matter of J. Children, 216 AD2d 159 [1st Dept 1995]). The court’s neglect finding was also procedurally proper, as there was no need to conform the petition to the evidence, since the petition alleged that the mother failed to exercise a minimum degree of care toward her son, including excessive corporal punishment (see Family Court Act §1012(f); Matter of Shawn BB, 239 AD2d 678, 680 [3rd Dept 1997]).

IN RE CEVON W., AND ANOTHER, DEPENDENT CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., TALISHA W., res-ap, ADMINISTRATION FOR CHILDREN'S SERVICES, pet-res

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