| Matter of Audrey K. (Erik K.) |
| 2013 NY Slip Op 05459 [108 AD3d 717] |
| July 24, 2013 |
| Appellate Division, Second Department |
| In the Matter of Audrey K. Suffolk County Department ofSocial Services, Respondent; Erik K., Appellant. |
—[*1] Dennis M. Brown, County Attorney, Central Islip, N.Y. (James G. Bernet ofcounsel), for respondent. Robert C. Mitchell, Riverhead, N.Y. (John B. Belmonte of counsel), attorney for thechild.
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, SuffolkCounty (Loguercio, J.), dated May 8, 2012, which, upon a decision of the same courtdated April 20, 2012, made after a fact-finding hearing, inter alia, found that heneglected the subject child. The notice of appeal from the decision is deemed to be anotice of appeal from the order of fact-finding and disposition (see CPLR 5512[a]).
Ordered that the order of fact-finding and disposition is affirmed, without costs ordisbursements.
The Family Court's finding of neglect is supported by a preponderance of theevidence (see Family Ct Act §§ 1012 [f] [i] [B]; 1046 [a] [iii]; [b][i]). Contrary to the father's contentions, the evidence adduced at the fact-finding hearingof his repeated misuse of drugs established a prima facie case of neglect and, therefore,neither actual impairment of the child's physical, mental, or emotional condition, norspecific risk of impairment, needed to be established (see Matter of Sadiq H. [Karl H.], 81 AD3d 647 [2011]).
The parties' remaining contentions need not be reached in light of our determination.Mastro, J.P., Skelos, Balkin and Leventhal, JJ., concur.