| Matter of Michael G.C. (Michael C.) |
| 2013 NY Slip Op 01267 [103 AD3d 890] |
| February 27, 2013 |
| Appellate Division, Second Department |
| In the Matter of Michael G.C. Administration for Children'sServices, Respondent; Michael C., Sr., Appellant, et al.,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo andElizabeth I. Freedman of counsel; Daniel H. Fishman on the brief), for respondent. Steven Banks, New York, N.Y. (Tamara A. Steckler and Judith Stern of counsel),attorney for the child.
In a child protective proceeding pursuant to Family Court Act article 10, the fatherappeals from an order of fact-finding and disposition of the Family Court, Kings County(White, J.), dated December 13, 2011, which, after fact-finding and dispositionalhearings, inter alia, determined that he neglected the subject child.
Ordered that the order of fact-finding and disposition is affirmed, without costs ordisbursements.
"To establish neglect pursuant to section 1012 (f) (i) (B) of the Family Court Act, thepetitioner must prove, by a preponderance of the evidence, that (1) the child's physical,mental, or emotional condition has been impaired, or is in imminent danger of becomingimpaired, and (2) the actual or threatened harm to the child is due to the failure of theparent or caretaker to exercise a minimum degree of care in providing the child withproper supervision or guardianship" (Matter of Kiara C. [David C.], 85 AD3d 1025, 1025-1026[2011]; see Nicholson vScoppetta, 3 NY3d 357, 368 [2004]).
Here, contrary to the father's contention, a preponderance of the evidence establishedthat he neglected the subject child, inter alia, by engaging in an act of domestic violenceagainst the mother in the child's presence that created an imminent danger of impairingthe child's physical, mental, or emotional condition (see Family Ct Act §1012 [f] [i] [B]; Matter of Kiara C. [David C.], 85 AD3d at 1026; Matter of Elijah J. [Phillip J.],77 AD3d 835 [2010]; Matter of Briana F. [Oswaldo F.], 69 AD3d 718 [2010]; Matter of Jordan E., 57 AD3d539 [2008]; Matter ofAndrew Y., 44 AD3d 1063 [2007]; Matter of Jayda D.-B., 33 AD3d 998 [2006]; cf. Nicholson v Scoppetta, 3NY3d 357 [2004]). Rivera, J.P., Chambers, Hall and Miller, JJ., concur.