Matter of Sabrina D. (Nicolas D.)

Matter of Sabrina D. v Nicolas D. 2011 NY Slip Op 07166 Decided on October 13, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 13, 2011
Gonzalez, P.J., Andrias, Saxe, Sweeny, JJ.
5693

[*1]In re Sabrina D., A Dependent Child Under the Age of Eighteen Years, etc.,

and

Nicolas D., Respondent-Appellant, Administration for Children's Services, Petitioner-Respondent.



 
Jay A. Maller, New York, for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Francis
F. Caputo of counsel), for respondent.
Law Offices of Randall S. Carmel, P.C., Syosset (Randall S.
Carmel of counsel), attorney for the child.

Order of fact-finding and disposition, Family Court, Bronx County (Karen I. Lupuloff, J.), entered on or about October 15, 2009, which, upon a fact-finding determination that respondent father neglected the subject child, placed the child in the custody of the Commissioner of Social Services pending the completion of the next permanency hearing, unanimously affirmed, without costs.

The finding of neglect is supported by a preponderance of the evidence (see Family Court Act §§ 1012[f][i][B]; 1046[b][i]), including respondent's testimony that he threw a glass vase or fish bowl at the child's mother, causing it to shatter near the child, and that he permitted the child to be alone with her mother despite his knowledge that the mother was abusing heroin and crack [*2]cocaine (see Matter of Stephanie S. [Ruben S.], 70 AD3d 519 [2010]).

We have considered respondent's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 13, 2011

CLERK