IN RE: BRIAN I. (Anonymous).  Orange County Department of Social Services (2008)

In three related child protective proceedings pursuant to Family Court Act article 10, the father appeals from (1) a fact-finding order of the Family Court, Orange County (Klein, J.), dated July 18, 2006, which, after a hearing, found, in effect, that the subject children were derivatively neglected, and (2) an order of disposition of the same court dated January 8, 2007, which, upon the fact-finding order, determined, inter alia, that the children should remain in the custody of the Orange County Department of Social Services.

ORDERED that the appeal from the fact-finding order is dismissed, without costs or disbursements, as the fact-finding order was superseded by the order of disposition and is brought up for review on the appeal from the order of disposition;  and it is further,

ORDERED that the order of disposition is affirmed, without costs or disbursements.

 The petitioner had the burden of proving, by a preponderance of the evidence, that the father neglected the subject children (see Family Ct. Act § 1012[f], § 1046[b][i];  Nicholson v. Scoppetta, 3 N.Y.3d 357, 368, 787 N.Y.S.2d 196, 820 N.E.2d 840).   The petitioner satisfied that burden with evidence that, inter alia, the father was convicted of multiple sexual abuse crimes against child victims other than the subject children.   A derivative finding of neglect should be made where the evidence of abuse of another child or children demonstrates such an impaired level of parental judgment as to create a substantial risk of harm for any child in the respondent's care (see Matter of Ian H., 42 A.D.3d 701, 840 N.Y.S.2d 202;  Matter of Amber C., 38 A.D.3d 538, 540, 831 N.Y.S.2d 478;  Matter of Nicole G., 274 A.D.2d 478, 479, 711 N.Y.S.2d 908;  Matter of Dutchess County Dept. of Social Servs. [Noreen K.], 242 A.D.2d 533, 534, 661 N.Y.S.2d 670;  Matter of Dutchess County Dept. of Social Servs. v. Douglas E., 191 A.D.2d 694, 694, 595 N.Y.S.2d 800).

The father's remaining contentions are either unpreserved for appellate review or without merit.