IN RE: Taylor C. (2011)

Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), attorney for the child.

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Order of fact-finding, Family Court, Bronx County (Clark V. Richardson, J.), entered on or about July 22, 2010, which, after a hearing, determined that respondent mother neglected the subject child, unanimously affirmed, without costs.

A preponderance of the evidence supports the finding of neglect (Family Ct Act § 1012[f][i][B];  § 1046[b][i] ).   Respondent's mother testified that she witnessed respondent push the then one-month-old child, causing the child to slide across the floor from one room to another.   This single incident is sufficient to support a finding of neglect, given that the child's physical, mental or emotional condition has been impaired or is in imminent risk of being impaired as a result of respondent's behavior (see Matter of Jared S. [Monet S.], 78 AD3d 536 [2010], lv denied 16 NY3d 705 [2011] ).

Family Court properly drew the strongest negative inference from respondent's failure to appear and testify (see Matter of Nassau County Dept. of Social Servs. v Denise J., 87 N.Y.2d 73, 79–80 [1995];  Matter of Cantina B., 26 AD3d 327, 328 [2006] ).   The court did not deprive respondent of due process by holding the fact-finding hearing in her absence.   The record shows that respondent received notice of the proceedings and was represented by counsel;  that the court repeatedly adjourned the proceedings due to respondent's often unexplained absences;  and that respondent provided incorrect contact information (see Family Ct Act § 1042;  Matter of Elizabeth T. [Leonard T.], 3 AD3d 751, 753 [2004] ).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CLERK