Order of fact-finding and disposition, Family Court, Bronx County (Jane Pearl, J.), entered on or about December 1, 2010, which, upon fact-findings that respondents neglected the child Kenneth O. and derivatively neglected the child Joel O., placed the children in the custody of the Commissioner of Social Services until the completion of the next permanency hearing, unanimously affirmed, without costs.
The finding of neglect is supported by a preponderance of the
The court was permitted to draw an adverse inference against the mother based on her failure to testify (see Matter of Commissioner of Social Servs. v Philip De G., 59 NY2d 137, 141 [1983]). In addition, the record shows that the mother’s boyfriend, who resided with the mother and children during the relevant time and was an active participant in the children’s lives, was a person legally responsible for the children within the meaning of Family Court Act § 1012 (g) (see Matter of Samantha M., 56 AD3d 299, 300-301 [2008], lv denied 11 NY3d 716 [2009]).
The evidence supporting neglect of the younger child also supported the finding of derivative neglect of the older child (see Matter of Samantha M., 56 AD3d 299, 301 [2008]; Family Ct Act § 1046 [a] [i]).
We have considered respondents’ remaining contentions and find them unavailing. Concur — Tom, J.P., Saxe, Acosta, DeGrasse and Román, JJ.