Opinion
2012-01-3
In re ANDRE B., and Another, Dependent Children Under the Age of Eighteen Years, etc.,Wilner G. B., Respondent–Appellant,New York City Administration for Children's Services, Petitioner–Respondent.
Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for appellant. Steven N. Feinman, White Plains, attorney for the children.
Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for appellant. Steven N. Feinman, White Plains, attorney for the children.
GONZALEZ, P.J., ANDRIAS, DeGRASSE, RICHTER, ABDUS–SALAAM, JJ.
Orders of disposition, Family Court, Bronx County (Ilana Gruebel, J.), entered on or about September 20, 2010, which, upon a fact-finding that respondent father neglected the child Giovanni D. and derivatively neglected the child Andre B., placed Giovanni in the custody and guardianship of the Commissioner of Social Services until the next scheduled permanency hearing and placed Andre in the custody of his mother, unanimously affirmed, without costs.
The findings of neglect and derivative neglect are supported by a preponderance of the evidence showing that respondent posed an imminent danger of harm to Giovanni ( see Nicholson v. Scoppetta, 3 N.Y.3d 357, 368, 787 N.Y.S.2d 196, 820 N.E.2d 840 [2004]; Matter of Joshua R., 47 A.D.3d 465, 849 N.Y.S.2d 246 [2008], lv. denied 11 N.Y.3d 703 [2008] ). A hospital clerk testified that she saw respondent forcefully shake the two-week-old Giovanni like a rag doll, that respondent told her he had been feeding the infant bananas, and that respondent called the baby the devil. Giovanni's mother also testified that respondent fed the infant bananas and referred to him as a “devil child.” Petitioner was not required to demonstrate actual harm to the infant ( see Matter of Pedro C. [Josephine B.], 1 A.D.3d 267, 767 N.Y.S.2d 578 [2003] ). Respondent's conduct reflects so flawed an understanding of the duty to protect one's children from harm as to present a substantial risk of harm for any child in his care ( see Joshua R., 47 A.D.3d at 466, 849 N.Y.S.2d 246).
Motion to be relieved as counsel denied.