| Matter of Eugene L. (Julianna H.) |
| 2011 NY Slip Op 02936 [83 AD3d 490] |
| April 14, 2011 |
| Appellate Division, First Department |
| In the Matter of Eugene L. Jr., a Child Alleged to be Neglected.Julianna H. et al., Appellants; New York City Administration for Children's Services,Respondent. |
—[*1] Steven N. Feinman, White Plains, for Eugene L., appellant. Michael A. Cardozo, Corporation Counsel, New York (Karen M. Griffin of counsel), forrespondent. Law Offices of Randall S. Carmel, P.C., Syosset (Randall S. Carmel of counsel), Attorneyfor the Child.
Order of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or aboutMarch 6, 2009, which, upon a fact-finding that respondents neglected their child, placed the childin petitioner's custody pending the completion of the next scheduled permanency hearing,unanimously affirmed, without costs.
The finding of neglect was supported by a preponderance of the evidence (Family Ct Act§ 1046 [b] [i]). Undisputed evidence established that police officers, acting under awarrant, recovered a large quantity of cocaine (1½ ounces), empty ziplock bags and $1,451from respondents' residence while respondents' three-month-old child was present.
The officer who testified also stated that two undercover buys had taken place in theapartment before the search. Although that testimony is hearsay, neither respondent objected to itand the statement was elicited on cross-examination. In view of this additional testimony, and,drawing the strongest inference the opposing evidence permits against respondents on account oftheir failure to testify (see Matter of Nassau County Dept. of Social Servs. v Denise J., 87NY2d 73, 79 [1995]), we conclude that either both respondents engaged in the sale of cocaine inthe apartment or one of them did with the knowledge of the other. Thus, the evidencedemonstrates such an impaired level of parental judgment as to permit the requisite finding of animminent [*2]danger to the three-month-old child's physical,mental or emotional condition (see Family Ct Act § 1012 [f] [i]; Matter of Andrew DeJ. R., 30 AD3d238 [2006]; Matter of Michael R., 309 AD2d 590 [2003]). Concur—Tom,J.P., McGuire, Moskowitz, Acosta and Freedman, JJ.