IN RE JONATHAN KEVIN M., A DEPENDENT CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., ANTHONY K., res-ap, ADMINISTRATION FOR CHILDREN'S SERVICES, pet-res

10883-10884. IN RE JONATHAN KEVIN M., A DEPENDENT CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., ANTHONY K., res-ap, ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res — Larry S. Bachner, Jamaica, for ap — Michael A. Cardozo, Corporation Counsel, New York (Karen Griffin of counsel), for res — TAMARA A. STECKLER, THE LEGAL AID SOCIETY, NEW YORK (DIANE PAZAR OF COUNSEL), ATTORNEY FOR THE CHILD.— Order of disposition, Family Court, Bronx County (Kelly A. O’Neill Levy, J.), entered on or about September 25, 2012, which, upon a fact-finding determination that respondent abused the subject child, inter alia, directed respondent to comply with an order of protection enjoining him to stay away from the child until the child’s eighteenth birthday and to submit to a mental health evaluation if he seeks to petition for any contact with the child, unanimously affirmed, without costs. Appeal from order of fact-finding (same court and Judge), entered on or about May 7, 2012, unanimously affirmed, without costs.

The record supports the Family Court’s determination that, at the time of the abuse, respondent was a person legally responsible for the child’s care, because he was married to the mother and was living with her and with the child who was then his stepson. Contrary to respondent’s contention, the fact that he may have lived with the child for just eight days before the abuse was discovered does not preclude the finding that he was legally responsible for the child’s wellbeing during the relevant period (see Matter of Yolanda D., 88 NY2d 790 [1996]; Matter of Christopher W., 299 AD2d 268 [1st Dept 2002]).