Opinion
June 24, 1996
Appeal from the Family Court, Richmond County (Clark, J.).
Ordered that the appeal from the order of disposition is dismissed as academic, without costs or disbursements, as that order was vacated by a subsequent order of the Family Court, Richmond County (Clark, J.), dated May 12, 1995, awarding custody of Michael R. to the mother and father; and it is further,
Ordered that the fact-finding order is affirmed, without costs or disbursements.
The mother contends that a finding of abuse was not supported by a preponderance of the evidence. We disagree.
A child need not sustain a serious injury to justify a finding of abuse. It is sufficient to show that the child was subjected to a substantial risk of serious physical injury ( see, Family Ct Act § 1012 [e]; Matter of Nassau County Dept. of Social Servs. [Joseph H.], 191 A.D.2d 634; Matter of C. Children, 183 A.D.2d 767). Furthermore, evidence of abuse of one child may be considered as evidence of abuse of another child ( see, Family Ct Act § 1046 [a] [i]; Matter of Michelle I., 189 A.D.2d 998).
The record reveals that the children were subjected to an ongoing pattern of serious violence by their father, Frank S. In addition, the testimony of the children and the mother revealed that the mother failed to protect the children from the violent tirades of Frank S. or to act as a reasonably prudent parent would under the circumstances.
In view of the foregoing, we are satisfied that the finding that the mother abused her children was supported by a preponderance of the evidence ( see, Matter of Marcos C., 186 A.D.2d 446; Matter of Carrie R., 156 A.D.2d 756).
The mother's remaining contention is without merit. Miller, J.P., Pizzuto, Santucci and Hart, JJ., concur.