In the Matter of Sadjah S

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, First DepartmentNov 15, 2005
804 N.Y.S.2d 68 (N.Y. App. Div. 2005)
804 N.Y.S.2d 6823 A.D.3d 2462005 N.Y. Slip Op. 8655


November 15, 2005.

Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or about July 31, 2002, which, to the extent appealed from, in child protective proceedings pursuant to article 10 of the Family Court Act, found that respondent father had neglected the subject child, unanimously affirmed, without costs.

Before: Mazzarelli, J.P., Andrias, Sullivan, Williams and Malone, JJ., concur.

The evidence established that respondent father, by not making alternative childcare arrangements when the child's mother was incapacitated and verbally abusing as well as behaving in a menacing fashion toward the mother in the child's presence, and dangling the child by the shoulder while attempting to slap the mother, neglected the child by failing to provide a minimum degree of care for her ( see Nicholson v. Scoppetta, 3 NY3d 357, 368-369).