MATTER OF SAAPHIRE A.W.

Docket Nos. NA-08762/17, NA-08763/17, NA-08764/17, NA-08765/17. Appeal No. 15689. Case No. 2021-01143.

204 A.D.3d 488 (2022)

166 N.Y.S.3d 627

2022 NY Slip Op 02382

In the Matter of Saaphire A.W. and Others, Children Alleged to be Neglected. Lakesha B., Appellant; Administration for Children's Services, Respondent.

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

Decided April 12, 2022.


Attorney(s) appearing for the Case

Law Office of Thomas R. Villecco, P.C., Jericho ( Thomas R. Villecco , of counsel) for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Jessica Miller of counsel), for respondent.

Kenneth M. Tuccillo , Hastings on Hudson, attorney for the children Saaphire W., Jonathan W. and Olivia L.

Dawne A. Mitchell , The Legal Aid Society, New York ( Polixene Petrakopoulos of counsel), attorney for the child Denecci B.

Concur—Renwick, J.P., Friedman, Moulton, Mendez, Pitt, JJ.


The finding that the mother neglected the three oldest children and derivatively neglected the youngest child was supported by a preponderance of the evidence showing that she should have known that her eldest son was making sexual contact with his two younger siblings and failed to act to protect them (see Matter of Rayshawn R., 309 A.D.2d 681, 682 [1st Dept 2003]; Matter of Alena O., 220 A.D.2d 358

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