Timothy A., Respondent-Appellant. v. << (2004)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of JESSIE A. and Ashley A. Wayne County Department of Social Services, Petitioner-Respondent; Timothy A., Respondent-Appellant.

Decided: February 11, 2004

PRESENT: PIGOTT, JR., P.J., GREEN, PINE, HURLBUTT, AND SCUDDER, JJ.

Bonnie Burgio, Watertown, for Respondent-Appellant. Gary Lee Bennett, Lyons, for Petitioner-Respondent. Nancy M. Lord, Law Guardian, Lyons, for Jessie A. and Ashley A.

We reject the contention of respondent that the evidence presented at the fact-finding hearing is insufficient to support Family Court's finding that his children are neglected (see Family Ct. Act § 1012[f][i] [B] ). The evidence establishes that respondent's violent abuse of the children's mother as she held one of the children resulted in the impairment of the mental and emotional condition of the children (see Matter of Deandre T., 253 A.D.2d 497, 498, 676 N.Y.S.2d 666). We reject the further contention of respondent that he was denied effective assistance of counsel (see Matter of Alfred C., 237 A.D.2d 517, 655 N.Y.S.2d 589).

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

MEMORANDUM:

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