Opinion
2012-07-18
In the Matter of LAWRENCE G. (Anonymous), III. Administration for Children's Services, petitioner-respondent; Lawrence P. G. (Anonymous), Jr., appellant; Stefanie V. (Anonymous), respondent-respondent. (Proceeding No. 1) In the Matter of Jeremy G. (Anonymous). Administration for Children's Services, petitioner-respondent; Lawrence P. G. (Anonymous), Jr., appellant; Stefanie V. (Anonymous), respondent-respondent. (Proceeding No. 2) In the Matter of Stefanie V. (Anonymous), respondent, v. Lawrence P. G. (Anonymous), Jr., appellant. (Proceeding No. 3).
Mark Diamond, New York, N.Y., for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Elizabeth S. Natrella of counsel), for petitioner-respondent.
Mark Diamond, New York, N.Y., for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Elizabeth S. Natrella of counsel), for petitioner-respondent.
Yisroel Schulman, New York, N.Y. (Christina Brandt–Young of counsel), for respondent-respondent.
Steven Banks, New York, N.Y. (Judith Waksberg of counsel), attorney for the children (no brief filed).
REINALDO E. RIVERA, J.P., ANITA R. FLORIO, RANDALL T. ENG, and JEFFREY A. COHEN, JJ.
In two related neglect proceedings pursuant to Family Court Act article 10 and a related family offense proceeding pursuant to Family Court Act article 8, the father appeals from (1) an order of fact-finding and disposition of the Family Court, Kings County (Gruebel, J.), dated March 9, 2011, which, after a hearing, inter alia, found that he had committed the family offense of assault in the third degree, and (2) an order of fact-finding of the same court dated March 25, 2011, which, upon a decision of the same court dated March 9, 2011, made after a hearing, found that he had neglected the subject children.
ORDERED that on the Court's own motion, the notice of appeal from the decision dated March 9, 2011, is deemed a notice of appeal from the order of fact-finding dated March 25, 2011 ( seeCPLR 5512[a] ); and it is further,
ORDERED that the order of fact-finding and disposition and the order of fact-finding are affirmed, without costs or disbursements.
The evidence supports the Family Court's determination that the father neglected the subject children by engaging in certain acts of domestic violence against the mother in their presence that impaired, or created an imminent danger of impairing, their physical, emotional, or mental conditions ( seeFamily Ct. Act § 1012[f][i][B]; Matter of Jayden B. [Erica R.], 91 A.D.3d 1344, 938 N.Y.S.2d 692;Matter of Kiara C. [David C.], 85 A.D.3d 1025, 926 N.Y.S.2d 566;Matter of Ndeye D. [Benjamin D.], 85 A.D.3d 1026, 1027–1028, 926 N.Y.S.2d 119).
The father's remaining contentions are without merit.