| Matter of Alanah M. (Donnie M.) |
| 2012 NY Slip Op 04344 [96 AD3d 757] |
| June 6, 2012 |
| Appellate Division, Second Department |
| In the Matter of Alanah M. Suffolk County Department of SocialServices, Respondent; Donnie M., Appellant. |
—[*1] Dennis M. Cohen, County Attorney, Central Islip, N.Y. (Jennifer J. Haas of counsel), forrespondent. Kerry Bassett, Central Islip, N.Y., attorney for the child.
In a child neglect proceeding pursuant to Family Court Act article 10, the father appeals froman order of fact-finding and disposition of the Family Court, Suffolk County (Whelan, J.), datedJune 10, 2011, which, after fact-finding and dispositional hearings, found that he neglected thesubject child, and placed the father under the supervision of the Suffolk County Department ofSocial Services pursuant to enumerated terms and conditions for a period of one year.
Ordered that the order of fact-finding and disposition is affirmed, without costs ordisbursements.
To establish neglect, the petitioner must demonstrate, by a preponderance of the evidence, (1)that the child's physical, mental or emotional condition has been impaired or is in imminentdanger of becoming impaired, and (2) that the actual or threatened harm to the child is due to thefailure of the parent or caretaker to exercise a minimum degree of care in providing the childwith proper supervision or guardianship (see Nicholson v Scoppetta, 3 NY3d 357, 368 [2004]; see alsoFamily Ct Act § 1046 [b] [i]). Under the facts of this case, including the strongnegative inference which the Family Court was entitled to draw against the father upon hisfailure to testify at the fact-finding hearing (see Matter of Delehia J. [Tameka J.], 93 AD3d 668 [2012]; Matter of Christiana C. [Carleton C.],86 AD3d 606, 607 [2011]; Matterof Jasmine A., 18 AD3d 546, 548 [2005]), the evidence was sufficient to support theFamily Court's finding of neglect against the father (see Matter of Hannah A. [Jibrine A.], 84 AD3d 951, 952 [2011]; Matter of Elijah J. [Phillip J.], 77AD3d 835 [2010]).
The father's remaining contentions are without merit. Rivera, J.P., Dickerson, Hall andMiller, JJ., concur.