Opinion
2014-03-25
In re CARMINE G., A Child Under the Age of Eighteen Years, etc., Franklin G., Respondent–Appellant, Administration for Children's Services, Petitioner–Respondent.
Daniel R. Katz, New York, for appellant. Jeffrey D. Friedlander, Acting Corporation Counsel, New York (Michael J. Pastor of counsel), for respondent.
Daniel R. Katz, New York, for appellant. Jeffrey D. Friedlander, Acting Corporation Counsel, New York (Michael J. Pastor of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Adira Hulkower of counsel), attorney for the child.
Order, Family Court, New York County (Jody Adams, J.), entered on or about February 6, 2012, which, after a fact-finding hearing, determined that respondent father had neglected the subject child, unanimously affirmed, without costs. Appeal from order of disposition, same court and Judge, entered on or about July 26, 2012, which, to the extent appealed from as limited by the briefs, directed respondent father to engage in a mental health evaluation, cooperate with recommendations and attend domestic violence counseling and anger management, unanimously dismissed, without costs.
A preponderance of the evidence supports the Family Court's finding that respondent neglected the subject child by engaging in a verbal and physical altercation with the child's mother while the child was present in the home and aware of what was transpiring. The caseworker's testimony that the child told her that he heard his parents yelling and engaging in a physical altercation, and that the mother's injuries were the result of the altercation demonstrates that the child was in imminent risk of emotional and physical impairment ( see Matter of Angie G. [Jose D.G.], 111 A.D.3d 404, 404–405, 974 N.Y.S.2d 369 [1st Dept.2013] ).
The child's out-of-court statements as to the injuries respondent inflicted upon the mother were corroborated by the caseworker's testimony and the police officer's statement as to the injuries he observed on the mother as indicated in the domestic incident report for the date of the incident ( see Matter of Kaila A. [Reginald A.-Lovely A.], 95 A.D.3d 421, 421, 942 N.Y.S.2d 789 [1st Dept.2012] ). Respondent failed to preserve his hearsay objections to other evidence admitted at the hearing, and we decline to review them ( see Matter of Isaiah R., 35 A.D.3d 249, 825 N.Y.S.2d 218 [1st Dept.2006] ).
Since respondent failed to appear at the dispositional hearing and his counsel did not participate, the order of disposition was entered on his default, and is not appealable ( see Matter of Natalie Maria D. [Miguel D.], 73 A.D.3d 536, 901 N.Y.S.2d 225 [1st Dept.2010] ). TOM, J.P., FRIEDMAN, SWEENY, SAXE, FREEDMAN, JJ., concur.