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IN THE MATTER OF JOSEPH C

Appellate Division of the Supreme Court of New York, Second Department.
Sep 18, 2002
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ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the mother's contention, the findings of neglect and abuse against her are supported by a fair preponderance of the evidence (see Family Ct Act § 1012; Matter of Baby Boy P., 287 A.D.2d 458). The evidence, inter alia, demonstrated that the mother abused the child in violation of Family Court Act § 1012[e][iii], by taking numerous nude photographs of him, some of which depicted the lewd exhibition of the child's anus (see Penal Law § 263.05; Matter of Glenn G., 154 Misc.2d 677, affd sub nom Matter of Josephine G., 218 A.D.2d 656). In addition, the Family Court providently exercised its discretion by drawing a negative inference against the mother upon her failure to testify at the hearing (see Matter of Jenny N., 262 A.D.2d 951).

The mother's remaining contentions are without merit.

PRUDENTI, P.J., SANTUCCI, ALTMAN and S. MILLER, JJ., concur.