From Casetext: Smarter Legal Research

In re Sara P.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 24, 2021
192 A.D.3d 1036 (N.Y. App. Div. 2021)

Opinion

2019–08970 Docket No. N–1030–16

03-24-2021

In the MATTER OF SARA P. (Anonymous). Rockland County Department of Social Services, respondent; v. Michael P. (Anonymous), appellant.

Galgano Sharp LLP, White Plains, N.Y. (Eric R. Sharp of counsel), for appellant. Thomas E. Humbach, County Attorney, Pomona, N.Y. (Barbara M. Wilmit of counsel), for respondent. Legal Aid Society of Rockland County, New City, N.Y. (Harvey A. Eilbaum of counsel), attorney for the child.


Galgano Sharp LLP, White Plains, N.Y. (Eric R. Sharp of counsel), for appellant.

Thomas E. Humbach, County Attorney, Pomona, N.Y. (Barbara M. Wilmit of counsel), for respondent.

Legal Aid Society of Rockland County, New City, N.Y. (Harvey A. Eilbaum of counsel), attorney for the child.

MARK C. DILLON, J.P., SYLVIA O. HINDS–RADIX, COLLEEN D. DUFFY, 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 and disposition of the Family Court, Rockland County (Sherri L. Eisenpress, J.), entered May 22, 2019. The order of fact-finding and disposition, insofar as appealed from, after fact-finding and dispositional hearings, found that the father neglected the subject child.

ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.

Following the subject child's allegations, inter alia, that the father would lay on top of her in bed and rock back and forth making oohing and ahhing sounds, the petitioner commenced this proceeding against the father, alleging both abuse and neglect. After a fact-finding hearing, the Family Court found that the father neglected the child. The father appeals.

Insofar as is relevant, a neglected child is one "whose physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his parent or other person legally responsible for his care to exercise a minimum degree of care ... in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or a substantial risk thereof" ( Family Ct Act § 1012[f][i][B] ). In a fact-finding hearing, any determination that the child is an abused or neglected child must be based on a preponderance of the evidence (see Family Ct Act § 1046[b][i] ; Matter of Tammie Z., 66 N.Y.2d 1, 3, 494 N.Y.S.2d 686, 484 N.E.2d 1038 ; Matter of Alexander J.S. [David S.], 72 A.D.3d 829, 830, 899 N.Y.S.2d 281 ). Here, sufficient evidence exists in the record to support the Family Court's finding of neglect by a preponderance of the evidence.

The father's remaining contention is without merit.

DILLON, J.P., HINDS–RADIX, DUFFY and IANNACCI, JJ., concur.


Summaries of

In re Sara P.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 24, 2021
192 A.D.3d 1036 (N.Y. App. Div. 2021)
Case details for

In re Sara P.

Case Details

Full title:In the Matter of Sara P. (Anonymous). Rockland County Department of Social…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Mar 24, 2021

Citations

192 A.D.3d 1036 (N.Y. App. Div. 2021)
2021 N.Y. Slip Op. 1778
140 N.Y.S.3d 761