IN RE: KARISSA NN. (2005)

Appeal from an order of the Family Court of Columbia County (Czajka, J.), entered February 13, 2004, which granted petitioner's application, in a proceeding pursuant to Family Ct. Act article 10, to adjudicate respondent's child to be neglected.

Based primarily upon allegations that respondent arrived in an intoxicated state at a supervised visitation with her daughter, Karissa NN. (born in 2000), and engaged in a heated physical altercation with the child's maternal grandmother in the child's presence, petitioner commenced this proceeding seeking to have Karissa adjudicated as neglected.   Following a fact-finding hearing, Family Court sustained the petition, ordered respondent under petitioner's supervision and placed Karissa in the grandmother's physical custody for a 12-month period.   Respondent appeals from Family Court's order, and we affirm.¹

 “According ‘great deference to [Family Court's] factual findings, which will only be disturbed if they lack a sound and substantial basis in the record’ ” (Matter of Senator NN. [Donna NN.], 11 A.D.3d 771, 772, 783 N.Y.S.2d 105 [2004], quoting Matter of Nicole VV. [Grace VV.-John Z.], 296 A.D.2d 608, 611, 746 N.Y.S.2d 53 [2002], lv. denied 98 N.Y.2d 616, 752 N.Y.S.2d 2, 781 N.E.2d 914 [2002] [citations omitted];  see Matter of Emily PP. [Denise RR.], 274 A.D.2d 681, 683, 710 N.Y.S.2d 476 [2000] ), we find no reason to set aside Family Court's determination that respondent's actions constituted a departure from the minimum degree of care which should be exercised by a reasonable and prudent parent in order to “prevent a risk of impairment to the child or imminent danger of impairment” (Matter of Paul U. [Heather T.], 12 A.D.3d 969, 971, 785 N.Y.S.2d 767 [2004];  see Matter of Nicholson v. Scoppetta, 3 N.Y.3d 357, 368, 787 N.Y.S.2d 196, 820 N.E.2d 840 [2004] ).   The proof before Family Court indicated, among other things, that respondent, who had been recently released from a drug rehabilitation program, arrived at a visitation with her daughter in a noticeably intoxicated state.   When questioned about her condition by the grandmother-who cared for Karissa during respondent's hospitalization-respondent became belligerent, swore loudly at the grandmother in Karissa's presence and repeatedly attempted to physically wrest the child from the grandmother's arms.   Karissa reacted to this exchange by crying and shaking visibly.   Mindful that respondent's failure to testify permitted Family Court to draw the strongest inferences against her with regard to the evidence presented (see Matter of Commissioner of Social Servs. [Patricia A.] v. Philip De G., 59 N.Y.2d 137, 141, 463 N.Y.S.2d 761, 450 N.E.2d 681 [1983] ), we find that the proof in this record sufficiently established that respondent's actions endangered Karissa's well-being and, therefore, substantiated a finding of neglect (see Family Ct. Act § 1012[f][i][B];  § 1046[b][i];  Matter of Richard T. [Carol T.], 12 A.D.3d 986, 987, 785 N.Y.S.2d 169 [2004];  Matter of Mary Ellen P. [Jonathan Q.] v. John R., 278 A.D.2d 750, 752, 718 N.Y.S.2d 442 [2000];  compare Matter of Daniel GG. [Patricia HH.], 17 A.D.3d 722, 722-723, 792 N.Y.S.2d 710, 711-712 [2005];  Matter of Shannon ZZ. [Bernadette ZZ.], 8 A.D.3d 699, 701, 778 N.Y.S.2d 205 [2004] ).

ORDERED that the order is affirmed, without costs.

FOOTNOTES

1.   Although Family Court's dispositional order has expired and Karissa has apparently been returned to respondent's care, we note that this appeal is not moot because the finding of neglect may adversely affect respondent's status in future proceedings (see Matter of Paul U. [Heather T.], 12 A.D.3d 969, 970 n., 785 N.Y.S.2d 767 [2004];  Matter of Larenzo SS. [Patrick SS.-Mary UU.], 289 A.D.2d 880, 881 n. 3, 734 N.Y.S.2d 731 [2001];  Matter of Catherine KK. [Christopher KK.], 280 A.D.2d 732, 733 n., 720 N.Y.S.2d 238 [2001] ).

CARDONA, P.J.

MERCURE, CREW III, CARPINELLO and MUGGLIN, JJ., concur.