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In re C.

Supreme Court, Appellate Division, First Department, New York.
Nov 1, 2011
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George E. Reed, Jr., White Plains, for appellant.Michael A. Cardozo, Corporation Counsel, New York (Andrew S. Wellin of counsel), for respondent.Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), attorney for the child.

Order of fact-finding, Family Court, Bronx County (Clark V. Richardson, J.), entered on or about July 22, 2010, which, after a hearing, determined that respondent mother neglected the subject child, unanimously affirmed, without costs.

A preponderance of the evidence supports the finding of neglect (Family Ct. Act § 1012[f][i][B]; § 1046[b][i] ). Respondent's mother testified that she witnessed respondent push the then one-month-old child, causing the child to slide across the floor from one room to another. This single incident is sufficient to support a finding of neglect, given that the child's physical, mental or emotional condition has been impaired or is in imminent risk of being impaired as a result of respondent's behavior ( see Matter of Jared S. [ Monet S.], 78 A.D.3d 536, 911 N.Y.S.2d 339 [2010], lv. denied 16 N.Y.3d 705, 2011 WL 589734 [2011] ).

Family Court properly drew the strongest negative inference from respondent's

failure to appear and testify ( see Matter of Nassau County Dept. of Social Servs. v. Denise J., 87 N.Y.2d 73, 79–80, 637 N.Y.S.2d 666, 661 N.E.2d 138 [1995]; Matter of Cantina B., 26 A.D.3d 327, 328, 809 N.Y.S.2d 539 [2006] ). The court did not deprive respondent of due process by holding the fact-finding hearing in her absence. The record shows that respondent received notice of the proceedings and was represented by counsel; that the court repeatedly adjourned the proceedings due to respondent's often unexplained absences; and that respondent provided incorrect contact information ( see Family Ct. Act § 1042; Matter of Elizabeth T. [ Leonard T.], 3 A.D.3d 751, 753, 770 N.Y.S.2d 804 [2004] ).

GONZALEZ, P.J., TOM, SWEENY, RENWICK, ROMÁN, JJ., concur.