IN RE: TOUSSAINT E. (2018)

Order of disposition, Family Court, New York County (Stewart H. Weinstein, J.), entered on or about January 19, 2017, to the extent it brings up for review a fact-finding order, same court (Susan K. Knipps, J.), entered on or about March 14, 2016, which found, inter alia, that respondent father neglected the subject child, unanimously affirmed, without costs.

The finding of neglect against respondent father is supported by a preponderance of the evidence (see Family Court Act §§ 1012[f][i][B];  1046[b][i] ).  As we found in the mother's appeal from the fact-finding order (Matter of Toussaint E. [Angeline M.], 151 A.D.3d 417, 417, 52 N.Y.S.3d 859 [1st Dept. 2017] ), the record shows that “the child was subject to actual or imminent danger of injury or impairment to his emotional and mental condition from exposure to repeated incidents of domestic violence between his parents, occurring in close proximity to the child.”  In addition, respondent, who suffers from a form of schizoaffective disorder, displayed a lack of insight into the effect of his illness on his ability to care for the child (see Matter of Lakiyah M. [Shacora M.], 136 A.D.3d 424, 23 N.Y.S.3d 881 [1st Dept. 2016] ).  He left the two-year-old home alone on many occasions, rationalizing his action on one such occasion by citing his (delusional) belief that the mother had a terminal illness and needed pizza.  Moreover, respondent did not take his prescribed medication consistently, and repeatedly denied to medical professionals that he suffered from any form of mental illness (see Matter of Ruth Joanna O.O. [Melissa O.], 149 A.D.3d 32, 42, 49 N.Y.S.3d 374 [1st Dept. 2017], affd 30 N.Y.3d 985, 65 N.Y.S.3d 122, 87 N.E.3d 154 [2017];  Matter of Karma C. [Tenequa A.], 122 A.D.3d 415, 995 N.Y.S.2d 71 [1st Dept. 2014] ).