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MATTER OF JESIEL C.V.

Docket No. NN-09542-43/19. Appeal No. 12631. Case No. 2020-00154.

189 A.D.3d 568 (2020)

133 N.Y.S.3d 810

2020 NY Slip Op 07521

In the Matter of Jesiel C.V. and Another, Children Alleged to be Neglected. Rosalie V., Appellant; Administration for Children's Services, Respondent.

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

Decided December 15, 2020.

Attorney(s) appearing for the Case

Richard L. Herzfeld, P.C., New York ( Richard L. Herzfeld of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Rebecca L. Visgaitis of counsel), for respondent.

Dawne A. Mitchell , The Legal Aid society, New York ( Riti P. Singh of counsel), attorney for the children.

Concur—Renwick, J.P., Gische, González, Scarpulla, Mendez, JJ.

A preponderance of the evidence supports the finding of neglect. There is no dispute that the mother educationally neglected the older child—she enrolled him in kindergarten and he had 56 unexplained absences (see Matter of Amberlina V. [Alexis R.], 187 A.D.3d 658 [1st Dept 2020]; Matter of Olivia J.R. [Marianette R.], 168 A.D.3d 433, 434 [1st Dept 2019]). The mother also left the children, who were then five and three...

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