IN RE: MELANIE I.A. (Anonymous). (2025)

DECISION & ORDER

In related proceedings pursuant to Family Court Act article 10, the father appeals from an order of disposition of the Family Court, Queens County (Elenor Reid Cherry, J.), dated August 3, 2022.  The order of disposition, insofar as appealed from, was entered upon an order of fact-finding of the same court dated July 18, 2022, made after a fact-finding hearing, finding that the father neglected the subject children.

ORDERED that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.

The petitioner commenced these related proceedings pursuant to Family Court Act article 10, alleging that the father neglected the subject children by engaging in acts of domestic violence against the mother in the children's presence.  By order of fact-finding dated July 18, 2022, made after a fact-finding hearing, the Family Court found that the father neglected the children.  The father appeals from an order of disposition dated August 3, 2022.

“In a child neglect proceeding pursuant to Family Court Act article 10, the petitioner must establish by a preponderance of the evidence that the subject child is neglected” (Matter of Andrew M. [Brenda M.], 225 A.D.3d 764, 765, 207 N.Y.S.3d 580;  see Family Ct Act § 1046[b][i]).  “ ‘A finding of neglect is proper where a preponderance of the evidence establishes that the child's physical, mental, or emotional condition was impaired or was in danger of becoming impaired by the parent's commission of an act, or acts, of domestic violence in the child's presence’ ” (Matter of Logan P. [Kendell P.], 228 A.D.3d 867, 868, 213 N.Y.S.3d 436, quoting Matter of Bronx S. [Denzel J.], 217 A.D.3d 956, 957, 192 N.Y.S.3d 167 [internal quotation marks omitted];  see Matter of Joseph M.H. [Frederick H.], 227 A.D.3d 996, 996, 210 N.Y.S.3d 500).  “Even a single act of domestic violence, either in the presence of a child or within the hearing of a child, may be sufficient for a neglect finding” (Matter of Divine K.M. [Andre G.], 211 A.D.3d 733, 735, 179 N.Y.S.3d 714;  see Matter of Eternity S. [Vanessa P.], 183 A.D.3d 748, 751, 122 N.Y.S.3d 667).

Here, the Family Court properly determined that the petitioner established, by a preponderance of the evidence, that the father neglected the children by engaging in acts of domestic violence against the mother in the children's presence or while they were nearby (see Matter of Jayce W. [Lucinda J.], 224 A.D.3d 916, 917, 206 N.Y.S.3d 166;  Matter of Joshua V. [Rahsaan J.], 137 A.D.3d 1153, 1153–1154, 28 N.Y.S.3d 97).

DUFFY, J.P., MILLER, VOUTSINAS and GOLIA, JJ., concur.