Matter of Lawrence G. (Lawrence P.G.—Stefanie V.)
2012 NY Slip Op 05636 [97 AD3d 748]
July 18, 2012
Appellate Division, Second Department
As corrected through Wednesday, August 22, 2012


In the Matter of Lawrence G., III. Administration for Children'sServices, Respondent; Lawrence P.G., Jr., Appellant; Stefanie V., Respondent. (Proceeding No.1.) In the Matter of Jeremy G. Administration for Children's Services, Respondent; LawrenceP.G., Jr., Appellant; Stefanie V., Respondent. (Proceeding No. 2.) In the Matter of Stefanie V.,Respondent,
v
Lawrence P.G., Jr., Appellant. (Proceeding No.3.)

[*1]Mark Diamond, New York, N.Y., for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow andElizabeth S. Natrella of counsel), for petitioner-respondent.

Yisroel Schulman, New York, N.Y. (Christina Brandt-Young of counsel),for

respondent-respondent.

Steven Banks, New York, N.Y. (Judith Waksberg of counsel), attorney for the children (nobrief filed).

In two related neglect proceedings pursuant to Family Court Act article 10 and a relatedfamily offense proceeding pursuant to Family Court Act article 8, the father appeals from (1) anorder of fact-finding and disposition of the Family Court, Kings County (Gruebel, J.), datedMarch 9, 2011, which, after a hearing, inter alia, found that he had committed the family offenseof assault in the third degree, and (2) an order of fact-finding of the same court dated March 25,2011, which, upon a decision of the same court dated March 9, 2011, made after a hearing, foundthat he had neglected the subject children.

Ordered that on the Court's own motion, the notice of appeal from the decision dated March9, 2011, is deemed a notice of appeal from the order of fact-finding dated March 25, 2011(see CPLR 5512 [a]); and it is further,[*2]

Ordered that the order of fact-finding and disposition andthe order of fact-finding are affirmed, without costs or disbursements.

The evidence supports the Family Court's determination that the father neglected the subjectchildren by engaging in certain acts of domestic violence against the mother in their presence thatimpaired, or created an imminent danger of impairing, their physical, emotional, or mentalconditions (see Family Ct Act § 1012 [f] [i] [B]; Matter of Jayden B. [Erica R.], 91AD3d 1344 [2012]; Matter of KiaraC. [David C.], 85 AD3d 1025 [2011]; Matter of Ndeye D. [Benjamin D.], 85 AD3d 1026, 1027-1028[2011]).

The father's remaining contentions are without merit. Rivera, J.P., Florio, Eng and Cohen,JJ., concur.


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