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MATTER OF LARRY B. JR.

39 A.D.3d 399 (2007)

835 N.Y.S.2d 76

In the Matter of LARRY B., JR., and Another, Children Alleged to be Neglected. EUGENE J., Appellant; NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 24, 2007.

Appellant's challenge to the constitutionality of Family Court Act § 1038-a was not raised before Family Court and therefore is not preserved for appeal (see Matter of Vanessa S., 20 A.D.3d 924 [2005]). In any event, the negative inference of drug use drawn by Family Court against appellant because of his refusal to submit to drug testing is not necessary to the finding of neglect, which is sufficiently supported by the evidence...

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