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IN RE BRIANA

Appellate Division of the Supreme Court of New York, Second Department.
Jan 12, 2010
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Ordered that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision ( see Family Ct Act ยง 1112 [a]; Schicchi v J.A. Green Constr. Corp., 100 AD2d 509); 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 AD3d 876, 876, quoting Nicholson v Scoppetta, 3 NY3d 357, 368).

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 AD3d 539, 540; Matter of Andrew Y., 44 AD3d 1063, 1064; Matter of Tami G., 209 AD2d 869, 870). The evidence also supports a finding of derivative neglect with respect to the child Briana F. ( see Matter of Cybill V., 279 AD2d 582, 583; Matter of Deandre T., 253 AD2d 497, 498).

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 AD3d 850).

The father's remaining contentions are without merit.