IN RE: BRIANA F. (Anonymous). (2010)

In two related child protective proceedings pursuant to Family Court Act article 10, the father appeals (1) from a decision of the Family Court, Suffolk County (Whelan, J.), dated December 23, 2008, and (2), as limited by his brief, from so much of an order of fact-finding and disposition of the same court dated March 17, 2009, as, upon the decision, made after fact-finding and dispositional hearings, found that he neglected the child Matthew F. and derivatively neglected the child Briana F., and directed that he undergo mental health and substance abuse evaluations.

ORDERED that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see Family Ct. Act § 1112 [a];  Schicchi v. J.A. Green Constr. Corp., 100 A.D.2d 509, 472 N.Y.S.2d 718);  and it is further,

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

 “In a child protective proceeding, the party seeking to establish neglect must show, ‘first, that a child's physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and second, that the actual or threatened harm to the child is a consequence of the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship’ ” (Matter of Tajani B., 49 A.D.3d 876, 876, 854 N.Y.S.2d 518, quoting Nicholson v. Scoppetta, 3 N.Y.3d 357, 368, 787 N.Y.S.2d 196, 820 N.E.2d 840).

 Here, the petitioner proved by a preponderance of the evidence that the father neglected the child Matthew F. The evidence presented at the fact-finding hearing was sufficient to show that the father committed an act of domestic violence during which he demanded that Matthew get him a knife and then held the knife to the mother's throat in Matthew's presence, thereby impairing, or creating an imminent danger of impairing, Matthew's physical, emotional, and mental conditions (see Matter of Jordan E., 57 A.D.3d 539, 540, 869 N.Y.S.2d 162;  Matter of Andrew Y., 44 A.D.3d 1063, 1064, 844 N.Y.S.2d 408;  Matter of Tami G., 209 A.D.2d 869, 870, 619 N.Y.S.2d 222).   The evidence also supports a finding of derivative neglect with respect to the child Briana F. (see Matter of Cybill V., 279 A.D.2d 582, 583, 719 N.Y.S.2d 286;  Matter of Deandre T., 253 A.D.2d 497, 498, 676 N.Y.S.2d 666).

Contrary to the father's contention, the Family Court properly directed that he undergo mental health and substance abuse evaluations (see Matter of Joseph S., 63 A.D.3d 850, 850, 880 N.Y.S.2d 518).

The father's remaining contentions are without merit.