Appeal from an order of the Family Court of Chemung County (Brockway, J.), entered August 6, 2003, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 10, to adjudicate Randy Y to be an abused and neglected child.
In August 2002, 18-month-old Randy Y. was left in the care of his father, respondent Randy W, at the home of the father’s mother, respondent Shirley W. (hereinafter the grandmother). The child’s mother, who did not live at that residence, left the child there while working. During the late morning or early afternoon, the child sustained first and second-degree burns on his low and mid back that were in the shape and imprint of a clothes iron. While there was considerable conflicting evidence about how this incident occurred and what transpired in the hours thereafter, it is undisputed that neither the father nor the grandmother took the child to a doctor or hospital. The child’s mother picked him up five to seven hours after the incident and she then brought him to a physician, whose report of possible child abuse prompted an investigation. Petitioner commenced this proceeding alleging severe abuse, abuse and neglect by respondents. At the fact-finding hearing, both the father and grandmother elected not to testify. Family Court dismissed the allegation of severe abuse, but found the child had been abused and neglected by the father and neglected by the grandmother. A dispositional hearing concluded with an order requiring, among other things, that respondents participate in various programs. The father appeals.
We are unpersuaded by the father’s contention that the findings of abuse and neglect were not supported by the evidence at the hearing. Petitioner bears the burden in a proceeding of this nature to prove abuse and neglect by a preponderance of the evidence (see Matter of Joshua QQ.,
The assertion that Family Court exhibited a predisposition against the father from the time the proceeding commenced was not properly preserved for review by a recusal request or an appropriate objection (see Douglas v Kingston Income Partners ’87,
Peters, J.P., Mugglin and Kane, JJ., concur. Ordered that the order is affirmed, without costs.
