Opinion
12-29-2016
In re GENESIS R., and Another, Children Under the Age of Eighteen Years, etc., Marcelino C., Respondent–Appellant, Administration for Children's Services, Petitioner–Respondent.
Anne Reiniger, New York, for appellant. Zachary W. Carter, Corporation Counsel, New York (Benjamin Welikson of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the children.
Anne Reiniger, New York, for appellant.
Zachary W. Carter, Corporation Counsel, New York (Benjamin Welikson of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the children.
Order, Family Court, New York County (Susan K. Knipps, J.), entered on or about June 1, 2015, which determined, after a hearing, that respondent father neglected the subject children, unanimously affirmed, without costs.
A preponderance of the evidence demonstrates that respondent posed an imminent danger to the children's emotional well being (see Family Court Act § 1012 [f] ; Nicholson v. Scoppetta, 3 N.Y.3d 357, 368, 787 N.Y.S.2d 196, 820 N.E.2d 840 [2004] ). On numerous occasions, he acted aggressively and angrily toward agency personnel, causing the older child to cry in distress (see e.g. Matter of Madison M.
[Nathan M.], 123 A.D.3d 616, 617, 999 N.Y.S.2d 70 [1st Dept.2014] ; Matter of Nia J. [Janet Jordan P.], 107 A.D.3d 566, 968 N.Y.S.2d 446 [1st Dept.2013] ). He also was disruptive and verbally violent toward personnel at the hospital where he was visiting the newborn younger child, resulting in his being escorted out of the hospital and barred from visiting the child. There is evidence that he physically abused the children's mother.
Moreover, the neglect finding would be warranted by either of two single incidents alone that demonstrate that respondent's judgment was strongly impaired and the older child was exposed to a risk of substantial harm (see Matter of Allyerra E. [Alando E.], 132 A.D.3d 472, 472, 17 N.Y.S.3d 634 [1st Dept.2015], lv. denied 26 N.Y.3d 913, 2015 WL 8816675 [2015] ). On one occasion, respondent screamed at the children's mother, grabbed her phone, and pushed her into an elevator in the presence of the agency case worker and the older child. On the other, during one of his unsupervised visits with the older child, he allowed the mother, who is permitted only agency-supervised visits with the children, to have access to the child.
The foregoing evidence of respondent's impaired level of parental judgment warrants a derivative finding of neglect with respect to the younger child (see Matter of Joshua R., 47 A.D.3d 465, 849 N.Y.S.2d 246 [1st Dept.2008], lv. denied 11 N.Y.3d 703, 864 N.Y.S.2d 807, 894 N.E.2d 1198 [2008] ).
MAZZARELLI, J.P., SWEENY, RICHTER, MANZANET–DANIELS, FEINMAN, JJ., concur.