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MATTER OF NICOLE G

Appellate Division of the Supreme Court of New York, Second Department.
Jul 17, 2000
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DECISION ORDER

ORDERED that the appeals from those provisions of the orders entered March 26, 1998, as, inter alia, placed the children with their respective mothers for a period of 12 months under the supervision of the Administration for Children's Services are dismissed, without costs or disbursements; and it is further,

ORDERED that the orders entered March 26, 1998, are affirmed insofar as reviewed, without costs or disbursements.

The Family Court's determination that Jasmin was abused is supported by a preponderance of the evidence (see, Family Ct Act ยง 1046[b]; Matter of Nicole V., 71 N.Y.2d 112, 117). Since the appellant's conduct towards Jasmin demonstrated a fundamental defect in his understanding of the duties of parenthood, the Family Court properly found derivative neglect with respect to other children, Raul R., Christopher G., and Nicole G. (see, Matter of Commissioner of Social Servs. [Eudene P.] v. Clayton F., 242 A.D.2d 329; Matter of Commissioner of Social Servs. [Kanisha W.], 233 A.D.2d 325; Matter of Child Protective Servs. [Darnell Mc.], 230 A.D.2d 733).

The appellant's challenge to the orders of disposition is academic in that the one-year placement period has expired (see, Matter of Danielle C., 253 A.D.2d 431). In any event, the appellant consented to the terms of these orders and therefore is not aggrieved thereby (see, CPLR 5511; John R. v. Jennifer A., 218 A.D.2d 694, 695).