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In re Aria E.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 11, 2010

IN ARIA E., A DEPENDENT CHILD UNDER THE AGE OF EIGHTEEN YEARS, ETC., AND DANIEL E., RESPONDENT-APPELLANT,
v.
ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-RESPONDENT.

Amended order of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or about July 15, 2009, which, to the extent appealed from, upon a fact-finding of neglect against respondent father, ordered respondent to comply with the terms of an order of protection, to complete a batterer's program, to attend parenting skills classes, to be evaluated for a sex offender's program, and to submit to a full mental health evaluation, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Saxe, J.P., Friedman, Nardelli, Freedman, Abdus-Salaam, JJ.

Respondent's challenge to the admission into evidence of the out-of-court statements made by the subject child's mother is unpreserved for appellate review (see Harris v Armstrong, 64 NY2d 700 [1984]). Were we to review the issue, we would find that the court properly relied on the mother's handwritten statement to the police, which statement respondent offered into evidence and the mother authenticated, concerning ongoing criminal activity by respondent in the home he shared with the child. In any event, the mother's hearing testimony that respondent was actively engaged in criminal activity in the home was sufficient alone to establish by a preponderance of the evidence that the child's physical, mental or emotional condition was in imminent danger of becoming impaired as a consequence of respondent's failure "to exercise a minimum degree of care in providing the child with proper supervision and guardianship" (Nicholson v Scoppetta, 3 NY3d 357, 368 [2004]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100511

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