| Matter of Carmine G. (Franklin G.) |
| 2014 NY Slip Op 01986 [115 AD3d 594] |
| March 25, 2014 |
| Appellate Division, First Department |
| In the Matter of Carmine G., a Child Alleged to beNeglected. Franklin G., Appellant; Administration for Children's Services,Respondent. |
—[*1] Jeffrey D. Friedlander, Acting Corporation Counsel, New York (Michael J. Pastor ofcounsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Adira Hulkower of counsel),attorney for the child.
Order, Family Court, New York County (Jody Adams, J.), entered on or aboutFebruary 6, 2012, which, after a fact-finding hearing, determined that respondent fatherhad neglected the subject child, unanimously affirmed, without costs. Appeal from orderof disposition, same court and Judge, entered on or about July 26, 2012, which, to theextent appealed from as limited by the briefs, directed respondent father to engage in amental health evaluation, cooperate with recommendations and attend domestic violencecounseling and anger management, unanimously dismissed, without costs.
A preponderance of the evidence supports the Family Court's finding that respondentneglected the subject child by engaging in a verbal and physical altercation with thechild's mother while the child was present in the home and aware of what wastranspiring. The caseworker's testimony that the child told her that he heard his parentsyelling and engaging in a physical altercation, and that the mother's injuries were theresult of the altercation demonstrates that the child was in imminent risk of emotionaland physical impairment (seeMatter of Angie G. [Jose D.G.], 111 AD3d 404, 404-405 [1st Dept 2013]).
The child's out-of-court statements as to the injuries respondent inflicted upon themother were corroborated by the caseworker's testimony and the police officer'sstatement as to the injuries he observed on the mother as indicated in the domesticincident report for the date of the incident (see Matter of Kaila A. [Reginald A.—Lovely A.], 95AD3d 421, 421 [1st Dept 2012]). Respondent failed to preserve his hearsayobjections to other evidence admitted at the hearing, and we decline to review them (see Matter of Isaiah R., 35AD3d 249 [1st Dept 2006]).[*2]
Since respondent failed to appear at thedispositional hearing and his counsel did not participate, the order of disposition wasentered on his default, and is not appealable (see Matter of Natalie Maria D. [Miguel D.], 73 AD3d 536[1st Dept 2010]). Concur—Tom, J.P., Friedman, Sweeny, Saxe and Freedman, JJ.