Opinion
January 25, 2001.
In a child protective proceeding pursuant to Family Court Act article 10, the father appeals (1), as limited by his brief, from so much of a fact-finding order of the Family Court, Richmond County (McElrath, J.), dated November 18, 1997, as, after a hearing, found that he neglected the subject children, and (2) from an order of disposition of the same court, entered March 11, 1998, which, inter alia, placed the children in the custody of the mother.
Jeffrey C. Bluth, Brooklyn, N.Y., for appellant.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Russell Bogart of counsel), for respondent.
Monica Drinane, New York, N.Y. (Michelle A. Wilck and Gary Solomon of counsel), Law Guardian for the children.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, GLORIA GOLDSTEIN, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the appeal from the fact-finding order is dismissed, without costs or disbursements, as that order was superseded by the order of disposition; and it is further,
ORDERED that the order of disposition is affirmed, without costs or disbursements.
The petitioner proved by a preponderance of the evidence at the fact-finding hearing that the father neglected his daughter in that he engaged in acts of violence against her mother in the child's presence, thereby creating an imminent danger that the child's physical, mental, and emotional health would be harmed (see, Matter of Tami G., 209 A.D.2d 869; see also, Matter of Athena M., 253 A.D.2d 669; Matter of Deandre T., 253 A.D.2d 497; Matter of Lonell J., 242 A.D.2d 58).
The evidence also supports a finding of derivative neglect with regard to the petitioner's son (see, Matter of Dutchess County Department of Social Services o/b/o Brittney C., 242 A.D.2d 533, 534; Matter of Dutchess County Department of Social Services o/b/o Douglas E., 191 A.D.2d 694; Matter of Rasheda S., 183 A.D.2d 770; Matter of Christina Maria C., 89 A.D.2d 855).