In re Alicia EE.

Peters, J.P.

Respondent is the father of Alicia EE. (born in 2003). In September 2008, based upon respondent’s physical abuse of the child and subsequent conviction of assault in the second degree and aggravated assault on a person less then 11 years old, Family Court found that she was abused and relieved petitioner of its obligation to use reasonable efforts to reunite her with re*664spondent. Thereafter, petitioner commenced a proceeding to terminate respondent’s parental rights and, as relevant here, moved for summary judgment in the fact-finding portion of the proceeding with regard to…