Nicholas S. Dubrowsky, Jamaica, N.Y., for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Graham Morrison of counsel), for petitioner-respondent.
Steven Banks, New York, N.Y. (Tamara A. Steckler and Amy Hausknecht of counsel), attorney for the child.
In a child neglect proceeding pursuant to Family Court Act article 10, the father appeals from (1) a fact-finding order of the Family Court, Queens County (McGowan, J.), dated March 10, 2011, which, after a fact-finding hearing, determined that the father had neglected the subject child, and (2) an order of disposition of the same court dated March 23, 2011, which, upon the fact-finding order, inter alia, directed the father to attend anger management and parenting classes and to complete a batterer's program.
ORDERED that the appeal from the fact-finding order is dismissed, without costs or disbursements, as that order was superseded by the order of disposition; and it is further,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.
In a child protective proceeding, the petitioner has the burden of proving neglect by a preponderance of the evidence ( see Family Ct. Act § 1046[b] [i]; Matter of Philip M., 82 N.Y.2d 238, 604 N.Y.S.2d 40, 624 N.E.2d 168;Matter of Tammie Z., 66 N.Y.2d 1, 494 N.Y.S.2d 686, 484 N.E.2d 1038;Matter of Besthani M., 13 A.D.3d 452, 785 N.Y.S.2d 717). Here, contrary to the father's contention, the Family Court's finding of neglect, based upon his use of excessive corporal punishment, is supported by a preponderance of the evidence ( see Family Ct. Act § 1012[f][i][B]; § 1046[b][i]; Matter of Chanyae S. [ Rena W.], 82 A.D.3d 1247, 924 N.Y.S.2d 793;Matter of Isaiah S., 63 A.D.3d 948, 880 N.Y.S.2d 528;Matter of Joshua B., 28 A.D.3d 759, 814 N.Y.S.2d 210;Matter of Joseph O., 28 A.D.3d 562, 813 N.Y.S.2d 213).
The father's remaining contentions are without merit. SKELOS, J.P., DICKERSON, ENG and AUSTIN, JJ., concur.