Henry S., Respondent-Appellant. v. << (2004)

 Petitioner commenced this proceeding alleging that respondents had neglected the two children of respondent Lisa W. We reject the contention of Henry S. (respondent) that he was not a “person legally responsible” for the care of the children within the meaning of Family Ct. Act § 1012(g).  Respondent lived with the children and Lisa W. and acted as the “functional equivalent of a parent” (Matter of Yolanda D., 88 N.Y.2d 790, 796, 651 N.Y.S.2d 1, 673 N.E.2d 1228;  see Matter of Nichole SS., 296 A.D.2d 618, 618-619, 745 N.Y.S.2d 128;  Matter of Johnnie S., 272 A.D.2d 472, 473, 708 N.Y.S.2d 313).   We also reject the contention of respondent that the record is insufficient to establish that he neglected the children.   The record establishes that respondent used excessive corporal punishment on one of the children on at least one occasion and that the children were subjected to an environment of alcohol and substance abuse and domestic violence (see Matter of Michael G., 300 A.D.2d 1144, 752 N.Y.S.2d 772;  Nichole SS., 296 A.D.2d at 619, 745 N.Y.S.2d 128).   Petitioner thus established by a preponderance of the evidence that the children's “physical, mental or emotional condition[s have] been impaired or [are] in imminent danger of becoming impaired” (§ 1012 [f][i] ).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM: