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IN THE MATTER OF CYBILL V. (ANONYMOUS), AND JOEL V. (ANONYMOUS), JR. ADMINISTRATION FOR CHILDREN'S SERVICES, RESPONDENT; JOEL V. (ANONYMOUS), APPELLANT.

DECISION ORDER

ORDERED that the appeal from the fact-finding order is dismissed, without costs or disbursements, as that order was superseded by the order of disposition; and it is further,

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

The petitioner proved by a preponderance of the evidence at the fact-finding hearing that the father neglected his daughter in that he engaged in acts of violence against her mother in the child's presence, thereby creating an imminent danger that the child's physical, mental, and emotional health would be harmed (see, Matter of Tami G., 209 A.D.2d 869; see also, Matter of Athena M., 253 A.D.2d 669; Matter of Deandre T., 253 A.D.2d 497; Matter of Lonell J., 242 A.D.2d 58).

The evidence also supports a finding of derivative neglect with regard to the petitioner's son (see, Matter of Dutchess County Department of Social Services o/b/o Brittney C., 242 A.D.2d 533, 534; Matter of Dutchess County Department of Social Services o/b/o Douglas E., 191 A.D.2d 694; Matter of Rasheda S., 183 A.D.2d 770; Matter of Christina Maria C., 89 A.D.2d 855).

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MATTER OF V
(Jan 25, 2001)