Opinion
2017–03702 Docket No. N–9115–15
07-18-2018
In the MATTER OF BENJAMIN S.S. (Anonymous). Administration for Children's Services, respondent; Randy S. (Anonymous), appellant.
Victor Knapp, Kew Gardens, NY, for appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Scott Shorr and Dona B. Morris of counsel), for respondent. The Legal Aid Society, New York, N.Y. (Dawne Mitchell and Riti P. Singh of counsel), attorney for the child.
Victor Knapp, Kew Gardens, NY, for appellant.
Zachary W. Carter, Corporation Counsel, New York, N.Y. (Scott Shorr and Dona B. Morris of counsel), for respondent.
The Legal Aid Society, New York, N.Y. (Dawne Mitchell and Riti P. Singh of counsel), attorney for the child.
WILLIAM F. MASTRO, J.P., JEFFREY A. COHEN, SYLVIA O. HINDS–RADIX, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
In a proceeding pursuant to Family Court Act article 10, the father appeals from an order of fact-finding of the Family Court, Queens County (Emily Ruben, J.), dated March 7, 2017. The order of fact-finding, after a fact-finding hearing, found that the father neglected the subject child.
ORDERED that the order of fact-finding is affirmed, without costs or disbursements.
The petitioner commenced this proceeding pursuant to Family Court Act article 10, alleging that the father neglected the subject child, an infant. After a fact-finding hearing, the Family Court found that a preponderance of the evidence established that the father neglected the child by leaving him alone and unattended, and by committing acts of domestic violence against the mother in the child's presence, thereby creating an imminent danger of impairment to the child's physical condition. The father appeals.
To establish neglect of a child, the petitioner must demonstrate, by a preponderance of the evidence (see Family Ct Act § 1046[b][i] ), (1) that the child's physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired, and (2) that the actual or threatened harm to the child is a consequence of the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship (see Family Ct Act § 1012[f][i][B] ; Nicholson v. Scoppetta, 3 N.Y.3d 357, 368, 787 N.Y.S.2d 196, 820 N.E.2d 840 ).
Here, the petitioner demonstrated by a preponderance of the evidence that the father neglected the child by leaving him unattended in the mother's apartment (see Matter of Kayden H. [Kareena H.], 104 A.D.3d 764, 765, 961 N.Y.S.2d 252 ; Matter of Samuel D.-C., 40 A.D.3d 853, 854, 837 N.Y.S.2d 170 ), and by engaging in acts of domestic violence in the presence of the child that created an imminent danger of impairing his physical condition (see Matter of Marina Y. [Gamal Y.], 156 A.D.3d 894, 895, 65 N.Y.S.3d 747 ; Matter of Brilliance B. [Sydell B.], 133 A.D.3d 652, 653, 19 N.Y.S.3d 561 ; Matter of Kaleb B. [Harold S.], 119 A.D.3d 780, 781, 989 N.Y.S.2d 345 ).
MASTRO, J.P., COHEN, HINDS–RADIX and IANNACCI, JJ., concur.