Opinion
2011-11-29
In the Matter of NICHOLAS M. (Anonymous).Suffolk County Department of Social Services, respondent;Santino T. (Anonymous), appellant.
Arza Feldman, Uniondale, N.Y. (Steven A. Feldman of counsel), for appellant. Christine Malafi, County Attorney, Central Islip, N.Y. (James G. Bernet of counsel), for respondent.
Arza Feldman, Uniondale, N.Y. (Steven A. Feldman of counsel), for appellant. Christine Malafi, County Attorney, Central Islip, N.Y. (James G. Bernet of counsel), for respondent.
Jeanne R. Burton, Central Islip, N.Y., attorney for the child.
In a child protective proceeding pursuant to Family Court Act article 10, Santino T. appeals from an order of fact-finding and disposition of the Family Court, Suffolk County (Freundlich, J.), dated January 10, 2011, which, after fact-finding and dispositional hearings, inter alia, found that he had neglected the subject child and directed him to comply with an order of protection of the same court, also dated January 10, 2011.
ORDERED that the order of fact-finding and disposition is affirmed, without costs or disbursements.
The finding of neglect is supported by a preponderance of the evidence ( see Family Ct. Act § 1012[f] ). The evidence adduced *590 at the hearing established that the appellant left the child alone with the child's mother while she was intoxicated. In fact, on one of those occasions, the appellant permitted the child's mother to push the child in a stroller at night while she was intoxicated, and in an area without any sidewalks ( see Matter of Tylasia B., 72 A.D.3d 1074, 1075, 901 N.Y.S.2d 84; Matter of Arthur C., 260 A.D.2d 478, 479, 688 N.Y.S.2d 572). Further, the evidence showed that the appellant neglected the child by engaging in acts of domestic violence against the mother in the child's presence, thereby creating an imminent risk of impairing the child's physical, mental, or emotional condition ( see Matter of Hannah A., 84 A.D.3d 951, 952, 921 N.Y.S.2d 895).