In re Fernando S.
Matter of Fernando S. v Fernando S.
2009
NY Slip Op 05261
Decided
on June 25, 2009
Appellate
Division, First Department
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.
Decided
on June 25, 2009
Mazzarelli,
J.P., Andrias, Nardelli, DeGrasse, Abdus-Salaam, JJ.
908
[*1]In
re Fernando S. and Another, Children Under the Age of Eighteen Years, etc.,
and
Fernando
S.,
George E. Reed, Jr.,
Michael
A. Cardozo, Corporation Counsel,
M. Griffin of counsel), for respondent.
Wendy
Abels,
Order
of fact-finding and disposition (one paper), Family Court, Bronx County
(Douglas E. Hoffman, J.), entered on or about January 27, 2005, which, to the
extent appealed from, as limited by the briefs, transferred custody of
respondent father's children Fernando S. and Jesus S. to petitioner New York
City Administration for Children's Services upon a finding of neglect,
unanimously affirmed, without costs.
The
finding of neglect under Family Ct Act section 1012(f) based upon inadequate
guardianship and supervision of the subject children was supported by a
preponderance of the evidence, including appellant's admissions in connection
with a plea in a federal court criminal proceeding that he sold illegal
narcotics and possessed loaded firearms at the home of the subject children
(see Family Ct Act § 1046 [b][i]).
In reviewing the court's determinations, we must accord great weight and
deference to them, including the court's assessment of credibility, and we will
not disturb those determinations where, as here, they are supported by the
record (see Matter of Irene O., 38 NY2d 776, 777 [1975]; Matter of Elijah C.,
49 AD3d 340 [2008]). [*2]
We
have considered appellant's remaining contentions and find them unavailing.
THIS
CONSTITUTES THE DECISION AND ORDER
OF
THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED:
JUNE 25, 2009
CLERK