Opinion
8888 8889
04-04-2019
IN RE TERRENCE B., a Child Under the Age of Eighteen Years, etc., Terrence J.B., Respondent–Appellant, v. The Administration for Children's Services, Petitioner–Respondent.
Steven N. Feinman, White Plains, for appellant. Zachary W. Carter, Corporation Counsel, New York (Deborah E. Wassel of counsel), for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Riti P. Singh of counsel), attorney for the child.
Steven N. Feinman, White Plains, for appellant.
Zachary W. Carter, Corporation Counsel, New York (Deborah E. Wassel of counsel), for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Riti P. Singh of counsel), attorney for the child.
Sweeny, J.P., Manzanet–Daniels, Kern, Oing, Singh, JJ.
Order of fact-finding and disposition (one paper), Family Court, New York County (Emily Olshansky, J.), entered on or about March 26, 2018, to the extent it found that respondent-father neglected the subject child, unanimously affirmed, without costs. Appeal from order, same court and Judge, entered on or about March 26, 2018, which granted the subject child an order of protection directing respondent to stay away from the child and refrain from communicating with him in any way until the child's 18th birthday, unanimously dismissed, without costs, as abandoned.
A preponderance of the evidence supports the Family Court's finding that respondent neglected the subject child by engaging in multiple verbal and physical altercations with the child's mother, and inflicting physical violence upon her, while the child was present in the home, on at least two occasions (see Matter of Carmine G. [Franklin G.], 115 A.D.3d 594, 982 N.Y.S.2d 318 [1st Dept. 2014] ). The child's educational records indicating that he displayed "overly-aggressive and uncooperative" behavior towards teachers and peers and had "significant" behavioral difficulties at home demonstrate that the child was at imminent risk of emotional and physical impairment as a result of the acts of domestic violence (see Matter of Gargano v. New York State Off. of Children & Family Servs., 133 A.D.3d 556, 19 N.Y.S.3d 418 [1st Dept. 2015] ; Matter of Jeaniya W. [Jean W.], 96 A.D.3d 622, 946 N.Y.S.2d 476 [1st Dept. 2012] ; see also Nicholson v. Scoppetta, 3 N.Y.3d 357, 371–372, 787 N.Y.S.2d 196, 820 N.E.2d 840 [2004] ).