Opinion
2011-10-13
In re SABRINA D., A Dependent Child Under the Age of Eighteen Years, etc.,Nicolas D., Respondent–Appellant,Administration for Children's Services, Petitioner–Respondent.
Jay A. Maller, New York, for appellant.Michael A. Cardozo, Corporation Counsel, New York (Francis F. Caputo of counsel), for respondent.Law Offices of Randall S. Carmel, P.C., Syosset (Randall S. Carmel of counsel), attorney for the child.
Jay A. Maller, New York, for appellant.Michael A. Cardozo, Corporation Counsel, New York (Francis F. Caputo of counsel), for respondent.Law Offices of Randall S. Carmel, P.C., Syosset (Randall S. Carmel of counsel), attorney for the child.
Order of fact-finding and disposition, Family Court, Bronx County (Karen I. Lupuloff, J.), entered on or about October 15, 2009, which, upon a fact-finding determination that respondent father neglected the subject child, placed the child in the custody of the Commissioner of Social Services pending the completion of the next permanency hearing, unanimously affirmed, without costs.
The finding of neglect is supported by a preponderance of the evidence ( see Family Court Act §§ 1012[f][i][B]; 1046[b][i] ), including respondent's testimony that he threw a glass vase or fish bowl at the child's mother, causing it to shatter near the child, and that he permitted the child to be alone with her mother despite his knowledge that the mother was abusing heroin and crack cocaine ( see Matter of Stephanie S. [Ruben S.], 70 A.D.3d 519, 895 N.Y.S.2d 72 [2010] ).
We have considered respondent's remaining contentions and find them unavailing.