| Matter of Andre B. (Wilner G.B.) |
| 2012 NY Slip Op 00002 [91 AD3d 411] |
| Jnury 3, 2012 |
| Appellate Division, First Department |
| In the Matter of Andre B. and Another, Children Alleged to beNeglected. Wilner G.B., Appellant; New York City Administration for Children's Services,Respondent. |
—[*1] Steven N. Feinman, White Plains, attorney for the children.
Orders of disposition, Family Court, Bronx County (Ilana Gruebel, J.), entered on or aboutSeptember 20, 2010, which, upon a fact-finding that respondent father neglected the childGiovanni D. and derivatively neglected the child Andre B., placed Giovanni in the custody andguardianship of the Commissioner of Social Services until the next scheduled permanencyhearing 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 theevidence showing that respondent posed an imminent danger of harm to Giovanni (see Nicholson v Scoppetta, 3 NY3d357, 368 [2004]; Matter of JoshuaR., 47 AD3d 465 [2008], lv denied 11 NY3d 703 [2008]). A hospital clerktestified that she saw respondent forcefully shake the two-week-old Giovanni like a rag doll, thatrespondent told her he had been feeding the infant bananas, and that respondent called the babythe devil. Giovanni's mother also testified that respondent fed the infant bananas and referred tohim as a "devil child." Petitioner was not required to demonstrate actual harm to the infant (see Matter of Pedro C. [Josephine B.],1 AD3d 267 [2003]). Respondent's conduct reflects so flawed an understanding of the dutyto [*2]protect one's children from harm as to present a substantialrisk of harm for any child in his care (see Joshua R., 47 AD3d at 466).Concur—Gonzalez, P.J., Andrias, DeGrasse, Richter and Abdus-Salaam, JJ.
Motion to be relieved as counsel denied.