| Matter of Edward J. Mc. (Edward J. Mc.) |
| 2012 NY Slip Op 01466 [92 AD3d 887] |
| February 21, 2012 |
| Appellate Division, Second Department |
| In the Matter of Edward J. Mc., Jr. Suffolk County Department ofSocial Services, Respondent; Edward J. Mc., Appellant. |
—[*1] Dennis M. Cohen, Acting County Attorney, Central Islip, N.Y. (James G. Bernet of counsel),for respondent. Valerie M. Zuckerman, Smithtown, N.Y., attorney for the child.
In a child neglect proceeding pursuant to Family Court Act article 10, the father appeals, aslimited by his brief, from so much of an order of fact-finding and disposition of the FamilyCourt, Suffolk County (Freundlich, J.), dated July 26, 2011, as, after fact-finding anddispositional hearings, found that he had neglected the subject child and directed, inter alia, thathe attend and participate in a substance abuse and rehabilitation program.
Ordered that the order of fact-finding and disposition is affirmed insofar as appealed from,without costs or disbursements.
Although the father did not appear at the hearing, the order appealed from was not renderedupon default, as his counsel appeared and participated at the hearing (see Matter of Elijah P. [C.I.P.], 76AD3d 631 [2010]; Matter ofNewman v Newman, 72 AD3d 973 [2010]). Accordingly, the father may appeal fromthe order of fact-finding and disposition (see Matter of Amber Megan D., 54 AD3d 338 [2008]; Matter ofVanessa M., 263 AD2d 542 [1999]; Matter of Geraldine Rose W., 196 AD2d 313[1994]).
Contrary to the father's contention, the Family Court's determination that he neglected thesubject child by virtue of his drug use is supported by a preponderance of the evidence(see Family Ct Act § 1012 [f] [i] [B]; § 1046 [a] [iii]; [b] [i]; Matter of Zaire D. [Benellie R.], 90AD3d 923 [2011]; Matter of LatrellS. [Christine K.], 80 AD3d 618 [2011]; Matter of Brian W., 66 AD3d 791 [2009]; Matter of Gregory S., 39 AD3d552 [2007]; Matter of Ayana JeanL., 23 AD3d 472 [2005]; cf.Matter of Anastasia G., 52 AD3d 830, 831-832 [2008]). Angiolillo, J.P., Leventhal,Austin and Roman, JJ., concur.