299 A.D.2d 487 749 N.Y.S.2d 905

In the Matter of Rae Ann Q. and Others, Children Alleged to be Neglected. Suffolk County Department of Social Services, Respondent; Thomas M., Appellant.

[749 NYS2d 905]

In a child neglect proceeding pursuant to Family Court Act article 10, the appeal, as limited by the brief, is from so much of an order of fact-finding and disposition (one paper) of the Family Court, Suffolk County (Pach, J.), entered January 24, 2001, as, after a hearing, found that the subject children were neglected.

Ordered that the order of fact-finding and disposition is af*488firmed insofar as appealed from, without costs or disbursements.

The Family Court properly found that the appellant neglected the subject children (see Family Ct Act § 1046 [a] [vi]; [b] [i]). Testimony at the fact-finding hearing established that, on the occasion in question, the appellant and the children’s mother were highly intoxicated in the presence of the children and a domestic disturbance ensued. A neglect finding therefore was warranted based on the appellant’s abuse of alcohol, as well as his failure to protect the children from a substantial risk of harm due to their mother’s abuse of alcohol (see Family Ct Act § 1012 [f] [i] [B]; § 1046 [a] [iii]; Matter of Shyasia L., 286 AD2d 391; Matter of Arthur C., 260 AD2d 478).

The appellant’s remaining contention is without merit. Krausman, J.P., Friedmann, H. Miller and Cozier, JJ., concur.

In re Rae Ann Q.
299 A.D.2d 487 749 N.Y.S.2d 905

Case Details

Name
In re Rae Ann Q.
Decision Date
Nov 18, 2002
Citations

299 A.D.2d 487

749 N.Y.S.2d 905

Jurisdiction
New York

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