BRIAN v. BRIAN

Ordered that the appeal from the fact-finding order is dismissed, without costs or disbursements, as the fact-finding order was superseded by the order of disposition and is brought up for review on the appeal from the order of disposition; and it is further,

Ordered that the order of disposition is affirmed, without costs or disbursements.

The petitioner had the burden of proving, by a preponderance of the evidence, that the father neglected the subject children ( see Family Ct Act § 1012 [f], § 1046 [b] [i]; Nicholson v Scoppetta, 3 NY3d 357, 368). The petitioner satisfied that burden with evidence that, inter alia, the father was convicted of multiple sexual abuse crimes against child victims other than the subject children. A derivative finding of neglect should be made where the evidence of abuse of another child or children demonstrates such an impaired level of parental judgment as to create a substantial risk of harm for any child in the respondent's care ( see Matter of Ian H., 42 AD3d 701; Matter of Amber C., 38 AD3d 538, 540; Matter of Nicole G., 21A AD2d 478, 479 [2000]; Matter of Dutchess County Dept. of Social Servs. [Noreen K.], 242 AD2d 533, 534; Matter of Dutchess County Dept. of Social Servs. v Douglas E., 191 AD2d 694, 694).

The father's remaining contentions are either unpreserved for appellate review or without merit.