Opinion
2001-01527
Submitted October 29, 2002.
November 18, 2002.
In a child neglect proceeding pursuant to Family Court Act article 10, the appeal, as limited by the brief, is from so much of an order of fact-finding and disposition (one paper) of the Family Court, Suffolk County (Pach, J.), entered January 24, 2001, as, after a hearing, found that the subject children were neglected.
Dierdre M. Butterfield, Huntington, N.Y., for appellant.
Robert J. Cimino, County Attorney, Central Islip, N.Y. (Frank Krotschinsky of counsel), for respondent.
Francine H. Moss, Ronkonkoma, N.Y., Law Guardian for the children.
Before: GABRIEL M. KRAUSMAN, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.
The Family Court properly found that the appellant neglected the subject children (see Family Court Act § 1046[a][vi], [b][i]). Testimony at the fact-finding hearing established that, on the occasion in question, the appellant and the children's mother were highly intoxicated in the presence of the children and a domestic disturbance ensued. A neglect finding therefore was warranted based on the appellant's abuse of alcohol, as well as his failure to protect the children from a substantial risk of harm due to their mother's abuse of alcohol (see Family Court Act § 1012[f][i][B]; § 1046[a][iii]; Matter of Shyasia L., 286 A.D.2d 391; Matter of Arthur C., 260 A.D.2d 478).
The appellant's remaining contention is without merit.
KRAUSMAN, J.P., FRIEDMANN, H. MILLER and COZIER, JJ., concur.