Opinion
November 16, 1989
Appeal from the Family Court, New York County (Michael Gage, J.).
The hearing testimony of the complainant charged that Peter T. was holding his child over a garbage can in Tompkins Square Park, which activity appeared to complainant as being neglect within the meaning of Family Court Act § 1012 (f) (i) (B).
However, further testimony controverted that of complainant. Several witnesses corroborated the information produced in interviews which tended to show that the incident complained of was merely roughhousing. Accordingly, the finding by the hearing court that the incident was merely a single incident of roughhousing is supported by the evidence.
Petitioner-appellant has failed to demonstrate, by a preponderance of the evidence (Family Ct Act § 1046 [b] [i]), that the child's physical, mental or emotional condition was impaired, or placed in imminent danger of becoming impaired, by the improper supervision and guardianship of respondent (Family Ct Act § 1012 [f] [i] [B]).
Concur — Milonas, J.P., Rosenberger, Ellerin and Rubin, JJ.