Matter of Nicholas M. (Santino T.)

Matter of Matter of Nicholas M. (Santino T.) 2011 NY Slip Op 08754 Decided on November 29, 2011 Appellate Division, Second 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 November 29, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
2011-00959
(Docket No. N-17819-10)

[*1]In the Matter of Nicholas M. (Anonymous). Suffolk County Department of Social Services, respondent;

and

Santino T. (Anonymous), appellant.




Arza Feldman, Uniondale, N.Y. (Steven A. Feldman of counsel),
for appellant.
Christine Malafi, County Attorney, Central Islip, N.Y. (James G.
Bernet of counsel), for respondent.
Jeanne R. Burton, Central Islip, N.Y., attorney for the child.


DECISION & ORDER

In a child protective proceeding pursuant to Family Court Act article 10, Santino T. appeals from an order of fact-finding and disposition of the Family Court, Suffolk County (Freundlich, J.), dated January 10, 2011, which, after fact-finding and dispositional hearings, inter alia, found that he had neglected the subject child and directed him to comply with an order of protection of the same court, also dated January 10, 2011.

ORDERED that the order of fact-finding and disposition is affirmed, without costs or disbursements.

The finding of neglect is supported by a preponderance of the evidence (see Family Ct Act § 1012[f]). The evidence adduced at the hearing established that the appellant left the child alone with the child's mother while she was intoxicated. In fact, on one of those occasions, the appellant permitted the child's mother to push the child in a stroller at night while she was intoxicated, and in an area without any sidewalks (see Matter of Tylasia B., 72 AD3d 1074, 1075;
Matter of Arthur C., 260 AD2d 478, 479). Further, the evidence showed that the appellant neglected the child by engaging in acts of domestic violence against the mother in the child's presence, thereby creating an imminent risk of impairing the child's physical, mental, or emotional condition (see Matter of Hannah A., 84 AD3d 951, 952).
RIVERA, J.P., LEVENTHAL, BELEN and ROMAN, JJ., concur.

ENTER: [*2]

Matthew G. Kiernan

Clerk of the Court