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MATTER OF DIAMOND

2012-03164 (Docket Nos. NN-4978-11, NN-4979-11, NN-4980-11, NN-4981-11, NN-4982-11).

102 A.D.3d 784 (2013)

957 N.Y.S.2d 887

2013 NY Slip Op 208

In the Matter of DIAMOND J., an Infant. ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant; NAKESHA J., Respondent. (Proceeding No. 1.) In the Matter of ISAAC L., an Infant. ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant; NAKESHA J., Respondent. (Proceeding No. 2.) In the Matter of DYNASIA J., an Infant. ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant; NAKESHA J., Respondent. (Proceeding No. 3.) In the Matter of LINWOOD Mc., an Infant. ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant; NAKESHA J., Respondent. (Proceeding No. 4.) In the Matter of WANASIA C., an Infant. ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant; NAKESHA J., Respondent. (Proceeding No. 5.)

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 16, 2013.

Ordered that the order is affirmed, without costs or disbursements.

Under the circumstances of this case, the Family Court properly granted the mother's motion to dismiss the petitions. The petitioner failed to prove by a preponderance of the evidence that the mother's drug use caused impairment, or an imminent danger of impairment, to the physical, mental, or emotional condition of the subject children (see Family Ct Act §§ 1012 [f] [i] [B]; 1046...

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