| Matter of Shakil G. (Abdul G.) |
| 2013 NY Slip Op 06949 [110 AD3d 572] |
| October 24, 2013 |
| Appellate Division, First Department |
| In the Matter of Shakil G. and Another, Children Alleged tobe Neglected. Abdul G., Appellant; Administration for Children's Services,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Elizabeth S. Natrella ofcounsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel),attorney for the children.
Order, Family Court, New York County (Jody Adams, J.), entered on or aboutNovember 18, 2011, which, after a fact-finding hearing, determined that respondentfather had neglected the subject children, unanimously affirmed, without costs.
The record demonstrates by a preponderance of the evidence that on February 16,2011, respondent neglected the subject children by engaging in acts of domestic violenceupon the older child, the child's mother and his older sister (not a subject of thisproceeding) while in the youngest child's presence, which caused the older child tobecome so frightened that he had to be rushed to the emergency room after he started tohyperventilate (see Family Ct Act §§ 1012 [f] [i] [B]; 1046 [b] [i];Matter of Ta Aisha H. [TerrenceH.—Patrice J.], 99 AD3d 487 [1st Dept 2012], lv denied 20NY3d 855 [2012]). The older child's out-of-court statements were corroborated by histestimony, his older sister's testimony and his medical records (see Family Ct Act§ 1046 [a] [vi]).
The evidence supports a finding of derivative neglect as to the youngest child,because it [*2]establishes that respondent suffers fromsuch an impaired level of parental judgment as to create a substantial risk of harm for anychild in his custody (see Matterof Kylani R. [Kyreem B.], 93 AD3d 556, 557 [1st Dept 2012]).Concur—Sweeny, J.P., Renwick, Gische and Clark, JJ.