IN RE AARON C., A CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., GRACE C., res-ap, ADMINISTRATION FOR CHILDREN'S SERVICES, pet-res

9800-9801-9802. IN RE AARON C., A CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., GRACE C., res-ap, ADMINISTRATION FOR CHILDREN'S SERVICES, pet-res — Michael S. Bromberg, Sag Harbor, for ap — Michael A. Cardozo, Corporation Counsel, New York (Janet L. Zaleon of counsel), for res — TAMARA A. STECKLER, THE LEGAL AID SOCIETY, NEW YORK (DIANE PAZAR OF COUNSEL), ATTORNEY FOR THE CHILD.—Order, Family Court, New York County (Susan K. Knipps, J.), entered on or about November 4, 2011, which, to the extent appealed from as limited by the briefs, after a fact-finding hearing, found that respondent-appellant mother had neglected the subject child, unanimously affirmed, without costs. Appeal from order of disposition, same court and Judge, entered on or about March 20, 2012, upon the mother's default, unanimously dismissed, without costs, as taken from a nonappealable paper. Order, same court and Judge, entered on or about April 23, 2012, which denied the mother's petition for modification of the order of disposition, unanimously affirmed, without costs.

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9800-9801-9802. IN RE AARON C., A CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., GRACE C., res-ap, ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res — Michael S. Bromberg, Sag Harbor, for ap — Michael A. Cardozo, Corporation Counsel, New York (Janet L. Zaleon of counsel), for res — TAMARA A. STECKLER, THE LEGAL AID SOCIETY, NEW YORK (DIANE PAZAR OF COUNSEL), ATTORNEY FOR THE CHILD.—Order, Family Court, New York County (Susan K. Knipps, J.), entered on or about November 4, 2011, which, to the extent appealed from as limited by the briefs, after a fact-finding hearing, found that respondent-appellant mother had neglected the subject child, unanimously affirmed, without costs. Appeal from order of disposition, same court and Judge, entered on or about March 20, 2012, upon the mother’s default, unanimously dismissed, without costs, as taken from a nonappealable paper. Order, same court and Judge, entered on or about April 23, 2012, which denied the mother’s petition for modification of the order of disposition, unanimously affirmed, without costs.

The finding of neglect is supported by a preponderance of the evidence (see Family Ct Act §1046[b][i]). The record shows that, despite evidence of the father’s untreated mental illness and aggressive and violent behavior towards the mother and others, the mother refused domestic violence services and would allow the father to have primary decision-making responsibility for the child’s care, placing the child in imminent danger of impairment (see Family Ct Act §1012[f] [i][B]; see also Matter of Angelique L., 42 AD3d 569, 572 [2d Dept 2007]; Matter of Alaina E., 33 AD3d 1084, 1086 [3d Dept 2006]). Although the mother denied that she had told anyone that she was frightened of the father and that he had abused her verbally, financially and physically, the court determined that her testimony was incredible, and its credibility assessment should be given deference (see Matter of Daquan D., 18 AD3d 363, 364 [1st Dept 2005]).

IN RE AARON C., A CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., GRACE C., res-ap, ADMINISTRATION FOR CHILDREN'S SERVICES, pet-res

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