In re Michael N.

Appeals from two orders of the Family Court of Tioga County (Sgueglia, J.), entered September 29, 2008, which, among other things, granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 10, to adjudicate the subject child to be neglected.

Alyssa O. (hereinafter the mother) and William N. are the biological parents of Michael N., born in 2005. Beginning in November 2007, the mother, who had physical custody of the child at that time, began living with respondent, whom she later married. On April 16, 2008, a State Central Register report was issued alleging that respondent committed domestic violence against the mother on two occasions in the presence of the child at their Tioga County home. Following an investigation,^[1] petitioner commenced this proceeding against respondent alleging that he neglected the child by reason of the domestic violence allegedly perpetrated in the child’s presence. Further, it was alleged that the child was derivatively neglected by reason of, among other things, prior findings of neglect against respondent as to children formerly in his household, his adjudication as a sex offender for the sexual abuse of a former paramour’s children and the termination of his parental rights as to two of his biological children. The petition also detailed respondent’s extensive history of domestic violence involving women in past relationships.

At the ensuing fact-finding hearing,^[2] petitioner indicated that its case against respondent was primarily one of derivative neglect. Family Court, without objection from respondent’s counsel, granted petitioner’s request that it take judicial notice of the numerous certified records from Chemung and Tioga Counties establishing the prior determinations against respondent of abuse and neglect of other children, including the termination of his parental rights as to two of his biological children. Thereafter, without making any admissions, respondent, through his counsel, waived any further hearing, and

Initially, we are unpersuaded by respondent’s contention that reversal is required because Family Court failed to strictly follow the procedural requirements of Family Ct Act § 1033-b (1) (b) at his initial appearance. While the initial exchange between respondent and the court was brief and the allegations in the petition were not recited, the court made sure that respondent was assigned counsel and had notice of future proceedings. Moreover, respondent was permitted to ask questions regarding the petition, demonstrating his understanding of its contents. Consequently, given all the circumstances, we conclude that any errors regarding compliance with the statutory requirements do not mandate reversal in this instance (see Matter of Shawndalaya II., 31 AD3d 823 , 825 [2006], Iv denied 7 NY3d 714 [2006]).

Next, we find lacking in merit respondent’s assertion that the derivative neglect determination was improper because the only substantive proof admitted into evidence was the extensive documentation relating to, among other things, his past abuse and neglect adjudications.^[3] Significantly, proof of abuse or neglect of one child is admissible to support a finding of neglect against another child (see Family Ct Act § 1046 [a] [i]). Although “such evidence typically may not serve as the sole basis for a finding of neglect” (Matter of Cadejah AA., 33 AD3d 1155 , 1157 [2006] [internal quotation marks and citation omitted]), where, as here, the evidence of past neglect and abuse demonstrably “evidenced] fundamental flaws in the respondent’s understanding of the duties of parenthood, proof of abuse or neglect of other children is alone sufficient to sustain a finding of abuse or neglect of another child” (Matter of Evelyn B., 30 AD3d 913 , 915 [2006], Iv denied 7 NY3d 713 [2006] [internal quotation marks and citations omitted]).

Here, proof in the form of the extensive documentation of respondent’s past abuse and neglect of several children, both