Opinion
2012-12-12
In the Matter of KRISTINA Mc. (Anonymous). Suffolk County Department of Social Services, respondent; Robert Mc. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Ryan Mc. (Anonymous). Suffolk County Department of Social Services, respondent; Robert Mc. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Stephanie Mc. (Anonymous). Suffolk County Department of Social Services, respondent; Robert Mc. (Anonymous), appellant. (Proceeding No. 3)
Susan A. DeNatale, Mastic, N.Y., for appellant. Dennis M. Cohen, County Attorney, Central Islip, N.Y. (Brian B. Mulholland of counsel), for respondent.
Susan A. DeNatale, Mastic, N.Y., for appellant. Dennis M. Cohen, County Attorney, Central Islip, N.Y. (Brian B. Mulholland of counsel), for respondent.
Robin Stanco, Central Islip, attorney for the children.
In three related child protective proceedings pursuant to Family Court Act article 10, the father appeals, as limited by his brief, from (1) so much of an order of disposition of the Family Court, Suffolk County (Loguercio, J.), dated November 9, 2011, as, upon so much of a fact-finding order of the same court dated June 9, 2011, made after a hearing, as found that he neglected the three subject children, placed them under the supervision of the Suffolk County Department of Social Services, and (2) so much of an amended order of fact-finding and disposition of the same court dated December 20, 2011, as found that he neglected the three subject children, and placed them under the supervision of the Suffolk County Department of Social Services. The appeals bring up for review the fact-finding order dated June 9, 2011.
ORDERED that the appeal from the order of disposition is dismissed, without costs or disbursements, as that order was superseded by the amended order of fact-finding and disposition; and it is further,
ORDERED that the amended order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.
The Family Court properly found that the Suffolk County Department of Social Services sufficiently established that the father neglected the three subject children ( see Family Ct. Act §§ 1012[f][i], 1046[b][i]; Matter of Deandre T., 253 A.D.2d 497, 676 N.Y.S.2d 666). A preponderance of the evidence at the hearing established that the subject children's mental or emotional condition had been or was in imminent danger of becoming impaired by the father's abuse of alcohol and commission of acts of domestic violence in their presence ( see Matter of Jada F., 97 A.D.3d 575, 576, 947 N.Y.S.2d 595). As the Family Court's determination has a sound and substantial basis in the record, we decline to disturb it ( see Matter of Bianca P., 94 A.D.3d 1126, 943 N.Y.S.2d 200;Matter of Jayda D.-B., 33 A.D.3d 998, 822 N.Y.S.2d 723).