Opinion
December 30, 1999
Appeal from Order of Erie County Family Court, Townsend, J. — Neglect.
Appeal from that portion of order constituting disposition unanimously dismissed and order affirmed without costs.
PRESENT: GREEN, J. P., PINE, PIGOTT, JR., SCUDDER AND CALLAHAN, JJ.
Memorandum:
Respondent filed a notice of appeal from the decision of Family Court rather than the order of fact-finding and disposition. We exercise our discretion to treat the appeal as taken from that order ( see, CPLR 5520[c]; Matter of Wayne H., 233 A.D.2d 941). We dismiss the appeal from that portion of the order constituting the disposition because respondent stipulated to the disposition ( see, Matter of Cherilyn P., 192 A.D.2d 1084, lv denied 82 N.Y.2d 652), and we confine our review to the court's adjudication of neglect following the fact-finding hearing ( see, Matter of Reginald B., 249 A.D.2d 979).
Petitioner proved neglect by a preponderance of the evidence ( see, Family Ct Act § 1046 [b] [i]; Matter of Tammie Z., 66 N.Y.2d 1, 3). Contrary to the contention of respondent, the evidence established a causal connection between respondent's behavior and the imminent danger of impairing the child's physical, mental or emotional condition ( see, Family Ct Act § 1012[f][i][B]; Matter of Rebecca W., 122 A.D.2d 582). In particular, a psychiatrist diagnosed respondent with a personality disorder involving an inability to cope with anger and frustration. Also admitted in evidence was a report indicating that, when respondent became angry with the child, she slammed the child's carriage, with the child in it, into the side of a house. There was further testimony by two caseworkers concerning the inability of respondent to control her anger. The findings and credibility assessments of the court have a sound and substantial basis in the record, and thus we decline to disturb them ( see, Matter of Kivler v. Olczak, 262 A.D.2d 938 [decided June 18, 1999]).