| Matter of Taylor C. (Christin C.) |
| 2011 NY Slip Op 07671 [89 AD3d 405] |
| November 1, 2011 |
| Appellate Division, First Department |
| In the Matter of Taylor C., a Child Alleged to be Neglected.Christin C., Appellant; Administration for Children's Services,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Andrew S. Wellin of counsel), forrespondent. Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), attorney for thechild.
Order of fact-finding, Family Court, Bronx County (Clark V. Richardson, J.), entered on orabout July 22, 2010, which, after a hearing, determined that respondent mother neglected thesubject child, unanimously affirmed, without costs.
A preponderance of the evidence supports the finding of neglect (Family Ct Act §1012 [f] [i] [B]; § 1046 [b] [i]). Respondent's mother testified that she witnessedrespondent push the then one-month-old child, causing the child to slide across the floor fromone room to another. This single incident is sufficient to support a finding of neglect, given thatthe child's physical, mental or emotional condition has been impaired or is in imminent risk ofbeing impaired as a result of respondent's behavior (see Matter of Jared S. [Monet S.], 78 AD3d 536 [2010], lvdenied 16 NY3d 705 [2011]).
Family Court properly drew the strongest negative inference from respondent's failure toappear and testify (see Matter of Nassau County Dept. of Social Servs. v Denise J., 87NY2d 73, 79-80 [1995]; Matter ofCantina B., 26 AD3d 327, 328 [2006]). The court did not deprive respondent of dueprocess by holding the fact-finding hearing in her absence. The record shows that respondentreceived notice of the proceedings and was represented by counsel; that the court repeatedlyadjourned the proceedings due to respondent's often unexplained absences; and that respondentprovided incorrect contact information (see Family Ct Act § 1042; Matter ofElizabeth T. [Leonard T.], 3 AD3d 751, 753 [2004]). Concur—Gonzalez, P.J., Tom,Sweeny, Renwick and Rom�n, JJ.