Opinion
06-01-2017
In re TOUSSAINT E., A Child Under the Age of Eighteen Years, etc., Angeline M., Respondent–Appellant, Administration for Children's Services, Petitioner–Respondent.
Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Melanie T. West of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Dodd Terry of counsel), attorney for the child.
Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Melanie T. West of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Dodd Terry of counsel), attorney for the child.
Order of fact-finding, Family Court, New York County (Susan K. Knipps, J.), entered on or about March 16, 2016, which, to the extent appealed from, determined that respondent mother neglected the subject child, unanimously affirmed, without costs. Appeal from fact-finding decision, same court and Judge, entered on or about March 14, 2016, unanimously dismissed, without costs, as taken from a nonappealable paper.
The finding of neglect is supported by a preponderance of the evidence (see Family Ct. Act §§ 1012[f][i][B] ; 1046[b][i] ).
The record shows that the child was subject to actual or imminent danger of injury or impairment to his emotional and mental condition from exposure to repeated incidents of domestic violence between his parents, occurring in close proximity to the child (Matter of Naveah P. [Saquan P.], 135 A.D.3d 581, 22 N.Y.S.3d 857 [1st Dept.2016] ). The mother's contention that she should not be penalized as a victim of domestic violence is unfounded, since she refused referrals for assistance, denied that any domestic violence occurred, and permitted the father to care for the child while she went to work, after knowing that the father had left the child alone in their apartment (see Nicholson v. Scoppetta, 3 N.Y.3d 357, 371–372, 787 N.Y.S.2d 196, 820 N.E.2d 840 [2004] ; Matter of Serenity H. [Tasha S.], 132 A.D.3d 508, 509, 19 N.Y.S.3d 22 [1st Dept.2015] ). Moreover, the mother knew or should have known of the father's mental illness and failed to protect the child from the risks presented (see Matter of Christy C. [Roberto C.], 77 A.D.3d 563, 909 N.Y.S.2d 351 [1st Dept.2010] ; see also Matter of Joseph Benjamin P. [Allen P.], 81 A.D.3d 415, 416, 916 N.Y.S.2d 50 [1st Dept.2011], lv. denied 16 N.Y.3d 710, 2011 WL 1584857 [2011] ).
SWEENY, J.P., MAZZARELLI, MOSKOWITZ, MANZANET–DANIELS, KAPNICK, JJ., concur.