| Matter of Nicholas M. (Santino T.) |
| 2011 NY Slip Op 08754 [89 AD3d 1087] |
| November 29, 2011 |
| Appellate Division, Second Department |
| In the Matter of Nicholas M. Suffolk County Department of SocialServices, Respondent; Santino T., Appellant. |
—[*1] Christine Malafi, County Attorney, Central Islip, N.Y. (James G. Bernet of counsel), forrespondent. 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 froman order of fact-finding and disposition of the Family Court, Suffolk County (Freundlich, J.), datedJanuary 10, 2011, which, after fact-finding and dispositional hearings, inter alia, found that he hadneglected 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 at the hearing established that the appellant left the childalone with the child's mother while she was intoxicated. In fact, on one of those occasions, the appellantpermitted the child's mother to push the child in a stroller at night while she was intoxicated, and in anarea without any sidewalks (see Matter ofTylasia B. [Wayne B.], 72 AD3d 1074, 1075 [2010]; Matter of Arthur C., 260AD2d 478, 479 [1999]). Further, the evidence showed that the appellant neglected the child byengaging in acts of domestic violence against the mother in the child's presence, thereby creating animminent risk of impairing the child's physical, mental, or emotional condition (see Matter of Hannah A. [Jibrine A.], 84AD3d 951, 952 [2011]). Rivera, J.P., Leventhal, Belen and Roman, JJ., concur.