Opinion
2012-06-6
In the Matter of ALANAH M. (Anonymous). Suffolk County Department of Social Services, respondent; Donnie M. (Anonymous), appellant.
Glenn Gucciardo, Northport, N.Y., for appellant. Dennis M. Cohen, County Attorney, Central Islip, N.Y. (Jennifer J. Haas of counsel), for respondent.
Glenn Gucciardo, Northport, N.Y., for appellant. Dennis M. Cohen, County Attorney, Central Islip, N.Y. (Jennifer J. Haas of counsel), for respondent.
Kerry Bassett, Central Islip, N.Y., attorney for the child.
REINALDO E. RIVERA, J.P., THOMAS A. DICKERSON, L. PRISCILLA HALL, and ROBERT J. MILLER, JJ.
In a child neglect proceeding pursuant to Family Court Act article 10, the father appeals from an order of fact-finding and disposition of the Family Court, Suffolk County (Whelan, J.), dated June 10, 2011, which, after fact-finding and dispositional hearings, found that he neglected the subject child, and placed the father under the supervision of the Suffolk County Department of Social Services pursuant to enumerated terms and conditions for a period of one year.
ORDERED that the order of fact-finding and disposition is affirmed, without costs or disbursements.
To establish neglect, the petitioner must demonstrate, by a preponderance of the evidence, (1) that the child's physical, mental or emotional condition has been impaired or is in imminent danger of becomingimpaired, and (2) that the actual or threatened harm to the child is due to the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship ( see Nicholson v. Scoppetta, 3 N.Y.3d 357, 368, 787 N.Y.S.2d 196, 820 N.E.2d 840;see also Family Ct. Act § 1046[b][i] ). Under the facts of this case, including the strong negative inference which the Family Court was entitled to draw against the father upon his failure to testify at the fact-finding hearing ( see Matter of Delehia J. [ Tameka J.], 93 A.D.3d 668, 939 N.Y.S.2d 570;Matter of Christiana C. [ Carleton C.], 86 A.D.3d 606, 607, 928 N.Y.S.2d 50;Matter of Jasmine A., 18 A.D.3d 546, 548, 795 N.Y.S.2d 87), the evidence was sufficient to support the Family Court's finding of neglect against the father ( see Matter of Hannah A. [ Jibrine A.], 84 A.D.3d 951, 952, 921 N.Y.S.2d 895;Matter of Elijah J. [ Phillip J.], 77 A.D.3d 835, 909 N.Y.S.2d 375).
The father's remaining contentions are without merit.